THE  CHA.RTER, 


WITH  THE  AMENDMENTS  THERETO, 


AND 


EEVISED  ORDINANCES 


OF  THE 


CITY  OF  SPRINGFIELD,  ILLINOIS; 


WITH  REFERENCES  TO  THE 


DECISIONS  OF  THE  SUPREME  COURT  OF  THE  STATE 


RELATING  TO  MUNICIPAL  CORPORATIONS: 


AND  WITH 


A.P>I>E:iSrDIX 


CONTAINING  GENERAL  LAWS  OF  THE  STATE,  ETC.,  RELATING  TO  THE  CITY. 


PUBLISHED  BY  AUTHORITY  OF  THE  CITY  COUNCIL  OF  THE  CITY  OP  SPRINGFIELD,  UNDER  THE 

SUPERVISION  OP 

WILLIAM  J.  BLACK,  Esq., 

ATTORNEY  AT  LAW. 


SPRINGFIELD: 

BAILHACHE  & BAKER,  PRINTERS. 


1858. 


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5=  PREFACE. 

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31  , 


The  present  volume  is  the  fifth  compilation,  or  revision,  of  the 
Ordinances  of  the  town  and  city,  since  the  incorporation  of  the 
town  government,  in  April,  1832. 

The  first  revision,  if  it  may  be  so  called,  consisted  of  an  ordi- 
nance, entitled,  ^‘An  ordinance  for  the  good  government  of  the 
town  of  Springfield,”  and  was  prepared  by  Col.  E.  D.  Baker,  and 
passed  by  the  board  of  trustees,  January  19,  1836,  and  published 
upon  a printed  sheet  about  eighteen  inches  square. 

The  second  revision,  consisted  of  a printed  pamphlet  of  twelve 
pages,  entitled,  Ordinances  of  the  city  of  Springfield,”  and  was 
passed  by  the  city  council,  at  its  first  meeting  after  the  organiza- 
tion of  the  city  government,  April  27,  1840,  and  published  under 
the  supervision  of  Schuyler  Strong,  Esq. 

The  third  revision  consisted  also  of  a printed  pamphlet  of  eighth 
een  pages,  entitled,  ^‘Ordinances  of  the  city  of  Springfield,”  and 
was  passed  October  5,  1844,  and  published  under  the  supervision 
of  James  C.  Conkling,  Esq. 

The  fourth  revision,  and  first  publication  of  the  ordinances  of 
the  city  iti  book  form,  was  made  in  1851,  under  the  supervision  of 
John  Calhoun,  Esq. 

Owing  to  the  great  alterations  made  in  the  amended  city  charter 
of  1854,  the  large  and  rapid  increase  in  population  and  wealth,  and 
the  changes  incident  thereto,  and  to  other  causes,  new  municipal 
legislation  had  been  required,  to  harmonize  with  the  new  charter, 
and  to  meet  the  new  condition  and  necessities  of  the  city;  the  re- 
sult of  which  was,  that  the  revision  of  1851  had  been  almost  entire- 
ly repealed,  or  become  almost  totally  inapplicable,  by  various 
amendments,  alterations,  or  new  enactments. 


IV 


PREFACE. 


Under  these  circumstances,  the  reviser  v^as  employed  by  the  city 
council  to  collect  and  compile  the  scattered  and  irregular  legislation 
of  the  city,  and  report  the  same  to  the  city  council,  "with  such 
amendments  or  additions  thereto,  as  he  thought  necessary  — and 
the  result  of  their  joint  labors,  is  the  present  volume  of  ordinances. 

Municipal  corporations  are  necessarily  vested  with  large  and 
important  discretionary  powers,  which  should  always  be  used  spar- 
ingly, and  for  the  public  good,  and  only  exercised  from  public  ne- 
cessity. All  unnecessary  legislation  which  restrains  the  natural 
rights  of  individuals,  without  any  compensating  public  benefit,  sa- 
vors of  oppression.  The  city  council,  in  the  enactment  of  ordi- 
nances, has,  it  is  confidently  believed,  endeavored  to  avoid  unne- 
cessary legislation,  and  has  been  content  to  adopt  general  provisions, 
leaving  their  application  to  special  cases,  to  the  courts,  and  to 
those  intrusted  with  their  administration. 

The  reviser,  in  the  performance  of  the  task  allotted  to  him,  has 
endeavored,  as  far  as  was  practicable,  to  bring  all  the  provisions 
upon  the  same  subject  together,  and  arrange  them  in  their  proper 
order,  and  under  their  proper  heads.  The  compilation,  however, 
is  not  by  any  means  perfect.  There  are  necessary  detaUs  in  all 
laws,  which  will  escape  the  attention  and  scrutiny  of  the  most  skill- 
ful, acute,  and  vigilant  of  draftsmen  or  legislators,  and  the  perfect- 
ing of  any  code  of  laws  is  the  labor  of  time  and  experience.  Yet 
it  is  hoped,  that  with  a judicious  lopping  off  of  superfluities, 
and  supplying  of  omissions,  it  may  answer  the  purposes  for  which 
it  was  prepared,  for  several  years,  and  form  the  basis  from  w’hich 
future  compilations  may  be  more  easily  made  and  perfected.  If 
the  present  work  is  any  improvement  upon  former  compilations,  and 
will  aid  in  making  the  municipal  laws  of  the  city  more  public,  more 
accessible  to,  or  more  easily  comprehended  by  those  ‘who  are  engag- 
ed in  their  administration,  or  amenable  to  their  provisions,  the  labor 
bestowed  upon  its  preparation  will  not  be  regretted  — a labor,  which 
only  those  who  have  been  engaged  in  similar  tasks,  can  realize. 
Springfield,  March  1,  1858. 


NOTES 


IN  RELATION  TO  THE  CITY  AND  COUNTY. 


EAELY  SETTLEMENT. 

The  county  of  Sangamon  was  formed  out  of  Bond  and  Madison 
counties,  and  established  by  an  act  of  the  Legislature,  January  30, 
1821.  The  first  settlements  in  the  county  were  made  during  the 
years  1818  and  1819. 

Among  the  first  settlers  were  several  members  of  a family  by 
the  name  of  Kelly,  who,  sometime  during  the  year  1818,  or  1819, 
settled  upon  the  present  site  of  the  city,  and  one  of  them,  John 
Kelly,  erected  his  rude  cabin  upon  the  spot  where  now  stands  the 
building  known  as  the  ‘‘Garrett  house;”  this  was  the  first  habita- 
tion erected  in  the  city,  and  perhaps  in  the  county,  also.  Another 
of  the  Kelly’s  built  his  cabin  a short  distance  to  the  westward  of 
the  first,  and  near  the  spot  where  stands  the  residence  of  Mrs. 
Torrey ; and  the  third,  near  or  upon  the  spot  where  A.  G.  Hern- 
don now  resides.  A second  family,  by  the  name  of  Duggett, 
settled  in  that  portion  of  the  western  part  of  the  city,  known  by 
the  early  inhabitants  as  “Newsomville,”  sometime  in  the  early 
part  of  1820 ; and  some  half  dozen  other  families  were  added  to 
the  new  settlement  during  the  year  1821.* 

One  of  the  primitive  cabins  of  these  hardy  pioneers,  may  yet  be 
seen  standing  a short  distance  south-east  of  Hutchinson’s  cemetery. 
The  county,  at  the  time  of  its  formation,  contained  about  seventy- 


^ The  reviser  is  indebted  for  the  above  faets,  to  Jas.  H,  Matbeny,  Egq. 


VI 


NOTES  IN  RELATION  TO 


five  families,  or  four  hundred  and  fifty  inhabitants ; but  such  was 
the  rapidity  with  which  its  population  increased,  that  before  the 
public  lands  were  subject  to  entry,  in  November,  1823,  it  contained 
over  five  thousand  inhabitants,  and  this  number  was  increased  to 
twelve  thousand  six  hundred  and  ninety  in  1830,  and  to  seventeen 
thousand  five  hundred  and  seventy-three,  in  1835. 


FOUNDING  OF  CITY. 


The  first  county  commissioners’  court  for  Sangamon  county  was 
held  on  Tuesday,  April  3d,  1821,  at  the  house  of  John  Kelly,  on 
Spring  Creek.  Zachariah  Peter,  Wm.  Drennon  and  Rivers  Cormac 
were  the  first  county  commissioners.  Charles  R.  Matheny  was  ap- 
pointed county  clerk. 

A special  term  of  the  county  commissioners’  court  was  held  April 
10th,  1821,  at  Kelly’s  house,  and  the  temporary  location  of  the 
county  seat  was  made  by  the  county  commissioners,  who  returned 
into  court  a certificate  of  such  location,  which,  after  reciting  in  the 
preamble,  the  requirements  of  the  act  of  the  legislature,  proceeds: 

‘‘  Therefore,  we,  the  undersigned,  county  commissioners,  do 
certify,  that  we,  after  full  examinati-m  of  the  situation  of  the  pre- 
sent population  of  said  county,  have  fixed  and  designated  a certain 
point  in  the  prairie,  near  John  Kelly’s  field,  on  the  waters  of 
Spring  Creek,  at  a stake  set,  marked  Z.  D.,”  as  the  temporary 
seat  of  justice  for  said  county,  and  do  further  agree,  that  said 
county  seat  be  called  and  known  by  the  name  of  ^ SPRING- 
FIELD.’  ” 

The  point  chosen  as  above,  is  said  to  have  been  located  at  the  S. 
E.  corner  of  Lot  8,  in  Block  6,  0.  T.  P.,  N.  W.  corner  of  Second 
and  Jefferson  streets,  and  here  the  first  court  house  and  county  jail 
were  built,  in  the  latter  part  of  1821 — the  jail  by  contract,  for  the 
sum  of  $84.  It  was  shortly  afterwards,  at  the  March  term,  1822, 
of  the  county  commissioners’  court,  ‘‘  ordered  that  14  rods,  east 
and  west,  including  the  street,  and  12  rods,  north  and  south,  in- 
cluding the  street,  in  the  town  of  Springfield,  on  which  the  court 


THE  CITY  AND  COUNTY. 


Vll 


house  now  stands,  be  set  apart  for  public  purposes  and  the  accom- 
modation of  the  court  house  and  the  public  buildings.” 

The  boundaries  of  the  county  at  that  period  extended  from  the 
north  line  of  Range  No.  12,  along  the  third  principal  meridian,  to 
the  Illinois  river,  thence  down  the  river  to  the  mouth  of  Balance 
or  Negro  (now  known  as  Indian)  Creek,  thence  to  the  head  of  said 
creek,  thence  to  the  N.  W.  corner  of  Town  12,  N.,  Range  7,  West, 
and  thence  to  the  beginning,  and  embraced  the  present  counties  of 
Logan,  Mason,  Menard,  Tazewell  and  Cass,  and  portions  of  Mor- 
gan, Christian,  McLean,  Marshall,  Woodford  and  Putnam.  After- 
wards, in  1825,  the  boundaries  of  the  county  were  somewhat  re- 
duced, so  as  to  embrace  the  present  county  of  Menard,  and  a great 
portion  of  the  counties  of  Christian,  Logan  and  Mason. 

The  first  term  of  the  circuit  court  after  the  organization  of  the 
county  (which  was  attached  to  the  first  judicial  district)  v/as  held 
at  the  house  of  John  Kelly,  by  Judge  John  Reynolds,  on  Tuesday, 
May  1st,  1821.  John  Taylor  -was  sheriff,  and  Henry  Starr,  prose- 
cuting attorney.  Charles  R.  Matheny  was  appointed  clerk  of  the 
court.  This  term  lasted  but  one  day.  With  the  exception  of  the 
April  term  1823,  which  was  held  by  Hon.  Thomas  Reynolds  (after- 
wards governor  of  Missouri,)  Governor  Reynolds  continued  to  pre- 
side at  our  circuit  courts  until  the  May  term  1825,  at  which  time  he 
was  superseded  by  Hon.  John  York  Sawyer. 

TOWN  OF  CALHOUN. 

The  public  lands  in  Sangamon  county  were  first  surveyed  in 
1821,  and  the  first  public  opening  of  the  United  States  Land  Office 
at  Springfield,  and  the  first  sales  of  the  public  lands,  were  on  the 
7th  of  November,  1823,  at  which  date  the  lands  on  which  the  town 
of  Calhoun,  afterwards  Springfield,  was  located,  were  entered  as 
follows : 

S.  W.  Sec.  27,  T.  16  N.,  R.  5,  W.,  3d  P.  M.,  by  Elijah  lies; 
S.  E.  Sec.  28,  T.  16  N.,  R.  5,  W.,  3d  P.  M.,  by  Thomas  Cox; 

N.  E.  Sec.  33,  T.  16  N.,  R.  5,  W.,  3d  P.  M.,  by  John  Taylor; 

N.  W.  Sec.  34,  T.  16  N.,  R.  5,  W.,  3d  P.  M.,  by  Pascal  P.  Enos, 


Vlll 


NOTES  IN  RELATION  TO 


The  town  of  Calhoun,  bj  which  name  the  first  plat  of  Spring- 
field  is  recorded,  appears  to  have  been  laid  out  prior  to,  or  imme- 
diately subsequent  to  the  first  land  sales.  The  plat  is  recorded 
December  5,  1823.  It  was  orminallv  named  after  the  Hon.  John 
C.  Calhoun,  but  appears  not  to  have  been  generally  known  by  the 
name  of  Calhoun,  but  to  have  retained  the  name  by  which  it  was 
first  christened  by  the  county  coiQmissioners.  And  it  is  supposed 
that  after  Mr.  Calhoun’s  vote  in  1826,  when  Vice  President  of  the 
United  States,  against  granting  a donation  of  lands  to  the  State 
for  canal  purposes  — which  was  the  favorite  measure  in  the  north- 
ern section  of  the  State,  at  that  day,  the  name  of  Calhoun  was 
gradually  dropped,  and  the  town  in  a very  short  time  ceased  to  be 
known  by  that  name,  except  in  the  references  of  deeds,  conveying 
lots  therein.  At  this  period,  1823,  Springfield  contained  not  ex- 
ceeding a dozen  log  cabins,  which  were  scattered  about  in  the  vi- 
cinity of  where  the  court  house  then  stood,  and  the  Sancramon 
river  was  the  boundary  line  of  the  settlements  in  the  northern  part 
of  the  State,  and  but  few  of  the  pioneers  had  established  themselves 
north  of  its  banks. 

The  town  of  Calhoun  was  surveyed  and  platted  by  James  C. 
Stephenson,  Esq.,  and  he  is  said  to  have  received  block  21,  for  his 
services.  Town  lots,  however,  could  not  have  been  considered  very 
valuable  in  those  days  — for  there  is  a kind  of  tradition  among  the 
old  settlers,  that  he  proposed  to  give  Dr.  Merryman  one-fourth  of 
the  block  for  a pointer  dog  belonging  to  the  Doctor,  to  which  he 
took  a fancy,  and  which  offer,  it  is  said,  was  rejected  by  the 
Doctor. 

LOCATION  OF  COUNTY  SEAT. 

The  county  seat  of  Sangamon  county  was  permanently  located  at 
Springfield,  March  18th,  1825,  by  James  Mason,  Kowland  P.  Allen, 
Charles  Green  and  John  B.  Sloo,  who  were  appointed  special  com- 
missioners for  that  purpose  by  an  act  of  the  Legislature,  approved 
December  23d,  1824.  The  location  was  made  in  consideration  of 
the  donation  to  the  county  by  Elijah  lies  and  Pascal  P.  Enos,  of 


THE  CITY  AND  COUNTY. 


IX 


about  42  acres  of  land  embracing  blocks  1,  12,  13,  22,  23,  24,  25, 
26,  27,  28,  29,  30  and  31,  of  the  original  town  plat — excepting  lot 
five  in  block  one  which  was  reserved. 

At  a special  term  of  the  county  commissioners’  court,  held  March 
18,  1825,  the  location  by  the  special  commissioners  was  confirmed, 
and  the  donation,  (with  the  exception  of  the  public  square,  which 
was  to  remain  as  already  laid  out,)  was  ordered  to  be  surveyed  into 
blocks  and  lots,  with  the  streets  and  alleys  corresponding  with  the 
original  town,  (of  Calhoun,)  and  attached  to,  and  made  part  of  the 
plat  of  Springfield.  Wm.  S.  Hamilton  was  appointed  to  make 
the  survey  and  plat  of  the  donation  to  the  county,  but  he  having 
failed  to  make  such  survey  and  plat,  at  the  special  term  of  the 
court,  held  April  25,  1825,  Thomas  M.  Neale,  was  appointed  to 
make  the  survey.  And  the  plat  of  “that  part  of  the  town  of 
Springfield,  given,  by  the  proprietors  to  the  county,”  as  surveyed 
by  Neale,  is  recorded  in  book  B,  page  103,  of  Records.  There 
is  no  date  to  the  record,  but  it  was  probably  filed  about  the  19th 
December,  1825.  The  survey  was  probably  made  prior  to  the  3d 
of  May,  1825,  for  on  that  and  the  two  succeeding  days,  the  first 
public  sales  of  the  lots  in  the  donation,  were  made. 


TOWN  INCORPORATION. 

The  first  State  law  in  relation  to  the  town,  was  approved  Febru- 
ary 9,  1827.  By  that  act,  the  county  commissioners’  court  was 
required  to  appoint  a street  commissioner  for  the  town,  whose  du- 
ties are  prescribed  in  the  act.  The  county  court  was  also  empow- 
ered to  levy  a tax  upon  “the  citizens  of  said  town,”  not  exceeding 
J per  cent.,  for  improving  the  streets  of  the  town. 

By  the  provisions  of  the  act,  justices  of  the  peace  in  the  town 
were  required,  upon  the  petition  of  a majority  of  the  legal  voters, 
to  enter  an  order  upon  their  dockets  in  relation  to  the  subject 
matter  petitioned  for ; and  such  order  of  the  justice  constituted  a 
sort  of  ordinance,  and  penalties  were  prescribed  in  the  law,  for 
violating  such  orders,  and  they  were  to  be  repealed  by  a petition 
of  the  legal  voters  of  the  town,  in  like  manner  as  they  were  passed. 

B 


X 


NOTES  IN  RELATION  TO 


The  town  was  incorporated  April  2,  1832,  under  the  general 
town  incorporation  law  of  the  State,  of  1831,  and  the  persons  nam- 
ed in  the  annexed  table,  were  elected  trustees. 

RE-SURVEY  OF  TOWN. 

On  the  18th  October,  1832,  the  county  court  ordered  a re-survey 
of  the  town  to  be  made,  embracing  the  original  town  of  Calhoun, 
and  the  town  of  Springfield  — being  the  donation  to  the  county, 
known  as  Neale’s  survey ; and  in  conjunction  with  Elijah  lies,  one  of 
the  original  proprietors,  and  Mrs.  Salome  Enos,  as  administratrix 
and  representative  of  Pascal  P.  Enos,  another  of  the  proprietors, 
the  re-survey  was  made  by  Thomas  M.  Neale,  and  the  plat  thereof 
acknowledged  June  18,  1833,  by  Jonathan  B,  Smith,  Thomas  Mof- 
fett, and  Reuben  Harrison,  on  the  part  of  the  county,  and  by  Eli- 
jah lies  and  Mrs.  Salome  Enos,  administratrix  of  Pascal  P.  Enos, 
on  the  part  of  the  original  proprietors,  June  19,  1833.  This  plat 
v/as  recorded  Nov.  9,  1836.  Book  K,  pages  1 and  2 of  Records. 


LOCATION  OF  SEAT  OF  GOVERNMENT. 

By  acts  of  the  Legislature,  approved  25th  February,  and  3d 
March,  1837,  the  seat  of  government  of  the  State  was  to  be  removed 
from  Vandalia  to  Springfield,  after  the  expiration  of  the  20  years 
for  which  it  was  located  at  Vandalia,  and  the  first  session  of  the 
General  Assembly,  after  the  removal  of  the  seat  of  government, 
convened  at  Springfield  on  the  first  Monday  of  December,  1839. 

The  location  was  made  at  Springfield,  upon  condition  that  the 
inhabitants  of  the  town  would  subscribe  $50,000  towards  the  build- 
ing of  the  State  capitol,  and  donate  the  grounds  therefor  to  the 
State ; and  the  county  court  was  empowered  to  convey  the  public 
square  for  that  purpose.  We  believe  that  $17,000  of  this  sum  was 
borrowed  by  individuals  from  the  State  Bank,  some  time  in  the 
latter  part  of  1837,  and  expended  upon  the  State  House;  and  in 
1841,  an  act  of  the  Legislature  was  passed,  authorizing  the  remain- 
der to  be  discharged  in  Internal  Improvement  scrip.  The  town 


THE  CITY  AND  COUNTY. 


XI 


afterwards  assumed  the  debt  in  its  corporate  capacity,  and  issued 
its  bonds,  payable  in  five  years  after  the  1st  November,  1837,  with 
8 per  cent,  interest,  payable  semi-annually.  This  debt,  owing  to 
the  great  depression  of  property  following  the  financial  revulsions 
of  1839,  and  perhaps  in  some  measure  to  mismanagement  of  the 
financial  affairs  of  the  town  and  city,  was  for  many  years  after- 
wards a burden  to  the  tax  payers  of  the  city,  and  was  not  finally 
extinguished  until  in  1854.  By  an  act  of  the  Legislature,  approv- 
ed July  20,  1837,  the  corporate  powers  of  the  town  were  enlarged, 
in  order,  perhaps,  to  meet  the  exigencies  occasioned  by  the  removal 
of  the  seat  of  government ; and  among  other  powers,  the  trustees 
were  empowered  to  extend  the  boundaries  of  the  town  to  two  miles 
square,  and  to  ^^levy  taxes  upon  the  real  estate  in  said  town,  as 
extended,”  not  exceeding  four  per  cent,  per  annum.  But  by  a 
subsequent  act,  approved  February  15,  1839,  the  extension  of  the 
town  was  repealed,  and  its  boundaries  reduced  to  its  former  limits 
of  one  mile  square. 


CITY  GOVEENMENT. 

The  town  of  Springfield  was  incorporated  as  a city  April  6, 
1840,  the  old  city  charter  having  been  on  that  day,  in  accordance 
with  its  provisions,  submitted  to  the  legal  voters  of  the  city,  and 
ratified  by  a majority  of  them,  and  afterwards,  on  the  20th  day  of 
April,  1840,  the  first  election  for  city  officers  was  held. 


MUNICIPAL  GOVERNMENT 


BOARD  OF  TRUSTEES. 


18  32. 


PRESIDENT  : 


CHARLES  R.  MATHENY. 


Cyrus  Anderson, 
John  Taylor, 
Elisha  Tabor, 


TRUSTEES : 

Mordecai  Mobley, 
William  Carpenter.* 

1833. 


PRESIDENT  : 


CHARLES  R.  MATHENY. 


Cyrus  Anderson, 
John  M.  Cabanis, 
Wm.  Carpenter, 


William  Carpenter, 
Edmund  Roberts, 


James  L.  Lamb, 
James  W.  Keyes, 
William  Alvey, 


TRUSTEES : 

Samuel  Morris, 
Stephen  T.  Logan. f 

1 8 34. 

PRESIDENT  : 

JAMES  R.  GRAY. 

TRUSTEES : 

Nicholas  A.  Garland, 
John  Owens. 

1 835. 

PRESIDENT  : 

C.  R.  MATHENY. 

TRUSTEES : 

Wm.  Carpenter, 
Philip  C.  Latham, J 
Peleg  C.  Canedy.jl 


* Vice  M.  Mobley,  resigned,  t Vice  S.  Morris,  resigned.  + Vice  Wm.  Alvey,  resigned. 

II  Vice  Wm.  Carpenter,  resigned. 


MUNICIPAL  GOVERNMENT 


Xlll 


P.  C.  Canedy, 

P.  C.  Latham, 
James  W*.  Keyes, 


P.  C.  Canedy, 
P.  C.  Latham, 
William  Butler, 


P.  C.  Canedy, 
P.  C.  Latham, 
Joseph  Klein, 


P.  C.  Canedy, 
P.  C.  Latham, 
Joseph  Klein, 


Joseph  Klein, 
Jonas  Whitney, 


18  36. 

PRESIDENT  : 

C.  R.  MATHENY. 

TRUSTEES : 

John  F.  Rague, 
George  Passfield.* 

1837. 

PRESIDENT  : 

C.  R.  MATHENY. 

TRUSTEES : 

George  Passfield, 
Joseph  Klein. f 

1838. 

PRESIDENT  : 

C.  R.  MATHENY. 

TRUSTEES : 

Wm.  Butler, 
Samuel  H.  Treat.  J 

1839. 

PRESIDENT  : 

C.  R.  MATHENY. 

TRUSTEES : 

S.  H.  Treat, 
Abraham  Lincoln,  || 
Jonas  Whitney.  § 

1840,  April  6. 

PRESIDENT ; 

P.  C.  CANEDY. 

TRUSTEES : 

P.  C.  Latham, 

A.  Lincoln. 


* Vice  J,  F.  Hague,  removed  from  town,  f Vice  G.  Passfield,  resigned.  + Vice  Wm.  But- 
ler, resigned.  II  Vice  S.  H.  Treat,  resigned.  ? Vice  C.  R.  Matheny,  died  Oct.  14,  1839. 


XIV 


MUNICIPAL  GOVERNMENT. 


CITY  OFFICERS. 


1840. 

MAYOR : 

BENJAMIN  S.  CLEMENTS. 

ALDERMEN  : 

James  R.  Gray,  1st  Ward.  Washington  lies,  3d  Ward. 

Joseph  Klein,  2nd  W^ard.  ! William  Prentiss,  4th  Ward. 

18  4 1. 

MAYOR : 

WMLLIAM  L.  MAY. 

ALDERMEN  : 

Harrison  A.  Hough,  3d  W^ard. 


Stacey  B.  Opdycke,  4th  Ward. 


J.  R.  Gray,  1st  W^ard. 

Joseph  Klein,  2nd  Ward. 

1 8 4 2. 

MAYOR : 

DAVID  B.  CAMPBELL. 

ALDERMEN  : 

John  Williams,  1st  W^ard.  H.  A.  Hough,  3d  W^ard. 

Wm.  Carpenter,  2nd  Ward.  S.  B.  Opdycke,  4th  W\rd. 

1 8 4 3. 

MAYOR : 

DANIEL  B.  HILL, 

Resigned,  and  Andrew  McCormack  elected. 

ALDERMEN  : 

John  Williams,  1st  Ward.  ' Enos  M.  Henkle,  3d  W^ard. 

Wm.  Carpenter,  2nd  W^ard.  ' Presley  A.  Saunders,  4th  Ward. 

1 8 4 4. 

MAYOR : 

ANDREW  McCORMACK. 

ALDERMEN  : 


Jacob  Divilbiss,  1st  W^ard. 
Wm.  Carpenter,  2nd  W^ard. 


Jacob  Divilbiss,  1st  Ward. 
Wh  Carpenter,  2nd  Ward. 


E.  M.  Henkle,  3d  W^ard. 

P.  A.  Saunders,  4th  W^ard. 

1 8 4 5. 

MAYOR : 

JAMES  C.  CONKLING. 

ALDERMEN  : 

Sullivan  Conant,  3d  W^ard. 
Thos.  Lauschbaugh,  4th  W/"ard. 


MUNICIPAL  GOVERNMENT. 


XV 


1 8 4 6. 

MAYOR : 

ELI  COOK. 

ALDERMEN  : 

John  A.  Keedy,  1st  Ward.  S.  Conant,  3d  Ward. 


Wm.  Carpenter,  2nd  Ward. 


J.  A.  Keedy,  1st  Ward. 
Wm.  Carpenter,  2nd  Ward. 


Thos.  Lauschbaugh,  4th  Ward. 
1 8 4 7. 

MAYOR : 

ELI  COOK. 

ALDERMEN  : 

John  Fenner,  3d  Ward. 

John  W.  Priest,  4th  Ward. 

1 8 4 8. 

MAYOR : 

ELI  COOK. 

ALDERMEN  .* 


John  S.  Rodgers,  1st  Ward. 
Pascal  P.  Enos,  2nd  Ward. 


John  Fenner,  3d  Ward. 
John  W.  Priest,  4th  Ward. 


1 8 4 9. 

MAYOR  : 

JOHN  CALHOUN. 

ALDERMEN  : 


J.  S.  Rodgers,  1st  Ward. 

Oliver  W.  Browning,  2nd  Ward. 


David  Sherman,  3d  Ward. 
Jno.  W.  Priest,  4th  Ward. 


1 8 5 0. 

MAYOR : 

JOHN  CALHOUN. 

ALDERMEN  : 


J.  S.  Rodgers,  1st  Ward, 


0.  W.  Browning,  2nd  Ward. 


D.  Sherman,  3d  Ward. 
John  W.  Priest,  4th  Ward. 
18  5 1. 

MAYOR : 

JOHN  CALHOUN. 

ALDERMEN  : 


J,  S.  Rodgers,  1st  Ward. 
Jno.  Williams,* 

0.  W.  Browning,  2nd  Ward. 


Enos  M.  Henkle,  3d  Ward* 
John  W.  Priest,  4th  Ward. 


* Vice  .7.  S.  Rodgers,  deceased 


XVI 


MUNICIPAL  GOVERNMENT. 


1 8 5 2. 

MAYOR : 

WILLIAM  LAVELY, 


Franklin  Priest,  1st  Ward. 
Edward  Joyce,  2nd  Ward. 


F.  Priest,  1st  Ward. 
Edward  Joyce,  2d  Ward. 


Thomas  Lewis, 
Morris  Lindsay, 
Allen  Francis, 
William  Butler, 
0.  H.  Lanphier, 
C.  R.  Hurst, 
Benj.  McIntyre, f 


ALDERMEN  : 

E.  M.  Henkle,  3d  Ward. 
John  W.  Priest,  4th  Ward. 

1 8 5 3. 

MAYOR : 

JOSIAH  FRANCIS. 

ALDERMEN  : 

Samuel  Grubb,  3d  Ward. 
John  W.  Priest,  4th  Ward. 

1 8 5 4.  * 

MAYOR : 

WILLIAM  H.  HERNDON. 

ALDERMEN  : 

Samuel  Grubb, 

Thomas  Ragsdale 
Henry  Vanhoff, 

Edmund  G.  Johns,  J 
John  W.  Priest, 

Reuben  F.  Ruth, 


A 


1st  Ward. 


2nd  Ward. 


> 3d  Ward. 


i 


Allen  Francis, 
Morris  Lindsay, 
Thomas  Lewis, 
John  Connelly, 
C.  H.  Lanphier, 
Benj.  McIntyre, 


1st  Ward. 


2nd  Ward. 


Orson  N.  Stafford,  j 
1 8 5 5. 

MAYOR : 

JOHN  COOK. 

ALDERMEN  : 

Henry  B.  Grubb, 


4th  Ward. 


Thomas  Ragsdale, 
E.  G.  Johns, 
Henry  P.  Cone, 
Julius  H.  Currier, 
Orson  N.  Stafford, 


3d  Ward. 


4th  Ward. 


* Prior  to  1854  there  was  but  one  alderman  elected  in  each  ward — the  amended  charter 
of  1854  increased  the  number  to  three  for  each  ward,  one  of  whom  is  elected  each  year, 
t Vice  William  Butler,  resigned.  + Vice  Henry  Vanhoff,  deceased. 


MUNICIPAL  aOVERNMENT. 


XVll 


Allen  Francis, 
Morris  Lindsay, 

M.  M.  Van  Deusen, 
Consul  Sampson,* 
C.  H.  Lanphier, 

C.  R.  Hurst, 

John  Connelly,  Jr., 


Allen  Francis, 
Ralph  J.  Coats, 
Consul  Sampson, 

C.  H.  Lanphier, 

C.  R.  Hurst, 

John  Connelly,  Jr., 


1 8 5 6. 

MAYOR : 

JOHN  W.  PRIEST. 

ALDERMEN  : 


1st  Ward. 


2d  Ward. 


.3d  Ward. 


Geo.  L.  Huntington, 

E.  G.  Johns, 

Henry  B.  Grubb,  i 

Thomas  J.  Dennis,t  J 
H.  P.  Cone, 

J.  H.  Currier,  V 4th  Ward. 

Wm.  narrower. 


1 8 5 7. 

MAYOR : 

JOHN  W.  PRIEST. 

ALDERMEN  : 


1st  Ward. 


2d  Ward. 


Seth  M.  Tinsley,  1 
Thomas  J.  Dennis,  >3d  Ward. 
Geo.  L.  Huntington,  J 
William  Harrower,  1 
A.  J.  Allen,  1 4th  Ward. 

J.  H.  Currier,  J 


Vice  M.  M.  Van  Deusen,  resigned. 


t Vice  H.  B.  Grubb,  resigned. 


C 


• * ' .'*  ' *‘.’^  •'  ■ . . ' -t‘  ‘,v;*-5g^-v,. 

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; ■ ■'  ,v-:  ./  -.  -'i  ‘ i:  ■ / •nVi- . J\ij '.^  ,^./. 


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STATEMENT 


OF  THE  ASSESSED  VALUATION  OF  PKOPERTY,  RATE  OF  TAXATION, 
AND  POPULATION  OF  THE  CITY. 


TEAR. 


REAL  ESTATE. 


PERSONAL 

PROPERTY. 


TOTAL. 


GENERAL 
TAXES,  RATE 
PER  $100. 


SCHOOL 
TAXES,  RATE 

PER  $100. 


POPULA- 

TION. 


1832 

$86,466  00 

1833 

100,380  00 

1834 

125,800  00 

1835 

135,300  00 

1836 

367,377  00 

1837 

961,899  00 

1838 

983,090  00 

1839 

843,350  00 

1840 

1841 

1842 

1843 

1844 

1845 

1846 

1847 

1848 

1849 

1850 

1851 

1852 

943,320  00 

1853 

1,165,745  00 

1854 

1,660,595  00 

1855 

1,850,165  00 

1856 

2,014,400  00 

1857 

$2,910,032  00 

$86,466 

00 

100,380 

00 

125,800 

00 

135,300 

00 

367,377 

00 

961,899 

00 

983,090 

00 

843,350 

00 

959,174 

00 

1,027,167 

00 

1,045,919 

00 

808.706 

00 

829,781 

00 

804,516 

00 

959,837 

00 

989,875 

00 

993,389 

00 

1,059,297 

00 

1,169,727 

00 

1,280,163 

00 

$358,870 

00 

1,302,090 

00 

1,198,192 

00 

2,363,937 

00 

1,259,985 

00 

2,911,580 

00 

1,382,267 

00 

3,233,432 

00 

1,184,086 

00 

3,198,486 

00 

1,541,875 

00 

4,451,907 

00 

25  cts. 
25 
25 
25 
25 
$2  50 
25  cts. 
25 
25 
25 
37i 
50 

sn 

50 
60 
70 
70 
70 
70 
70 
70 
60 
45 
45 
50 
■ 50 


2,579 


3,912 

M*06 


30  cts.  6,218 
30  7,250 

35  

35  


No  taxes  were  levied  upon  personal  property  prior  to  1840- — the 
town  corporation  having  power  to  levy  taxes  upon  real  estate  only. 

The  separate  value  of  real  and  personal  property  from  1840  to 
1852  could  not  be  ascertained. 


TABLE  OF  CONTENTS 


PART  I . 

CITY  CHARTEK 3 

AMENDMENTS  TO  CITY  CHARTER 45 

RULES  AND  ORDER  OF  BUSINESS  OF  CITY  COUNCIL 49 


PART  II. 

REVISED  ORDINANCES 55 

I.  ACCOUNTS 56 

II.  ADDITIONS 56 

III.  APPROPRIATIONS 57 

IV.  AWNINGS 58 

V.  BRICKYARDS 59 

VI.  BURYING  GROUNDS 60 

VII.  OAKRIDGE  CEMETERY 61 

1.  Oakridge  Cemetery 61 

2.  City  Sexton 63 

VIII.  CENSUS 66 

IX.  DOGS 68 

X.  ELECTIONS 71 

XL  FIRE  DEPARTMENT 80 

1.  Of  the  organization,  etc.  of  the  Fire  Department 80 

2.  Precautionary  Regulations 85 

3.  Fire  Limits 90 

XII.  GAMING  AND  COUNTERFEITING  IMPLEMENTS 92 

XIII.  GAS  LIGHT  COMPANY 94 

1.  Granting  use  of  Streets,  etc 94 

2.  Establishing  Lamp  District,  etc 95 

3.  Supplemental  Ordinance 96 

XIV.  GUNPOWDER 97 

XV.  HEALTH  DEPARTMENT 99 

1.  Board  of  Health 99 

2.  City  Physician 102 

3.  Supplemental  Ordinance 103 


XXll 


CONTENTS 


XVI.  HORSES,  HOGS,  ETC 104 

XVII.  LICENSES ; 107 

1.  Licenses  in  General 107 

2.  Auctioneers 109 

3.  Billiard  Tables  and  Ball  Alleys 110 

4.  Brokers,  Innkeepers,  and  Ordinaries Ill 

5.  Exhibitions,  Shows,  and  Amusements 112 

6.  Peddlers 113 

7.  Wagons  and  Drays 114 

XVIII.  LIQUORS 117 

XIX.  MISDEMEANORS 123 

1.  Or  Offenses  AFFECTING  Public  Peace,  Morals  AND  Safety  123 

2.  Of  Offenses  against  Official  Authority 130 

3.  Of  Offenses  affecting  the  Streets,  Alleys,  and  Side- 
walks  132 

4.  Of  Boys 137 

XX.  NUISANCES 139 

1.  Nuisances  in  General 139 

2.  Nuisances  upon  Lots 141 

3.  Dilapidated  Buildings 143 

4.  Assessments  FOR  Abating  Nuisances 146 

XXL  OFFICERS 149 

1.  Of  City  Officers  in  General 149 

2.  Salaries  and  Fees 153 

3.  City  Attorney 155 

4 City  Engineer 157 

5.  City  Superyisor 159 

6.  City  Weigher 162 

XXII.  ORDINANCES 165 

XXIII.  PAUPERS 169 

XXIV.  POLICE  DEPARTMENT 174 

1.  Police  Department 174 

2.  Police  Magistrates 177 

XXV.  RAILROADS 182 

1.  Railroads  in  General 182 

2.  Alton  and  Sangamon  Railroad  Company 183 

3.  Springfield,  Keokuk  and  Warsaw  Railroad  Company...  184 

XXVI.  SCHOOLS 187 

1.  Public  Schools 187 

2.  School  Agent 193 

XXVII.  CORPORATE  SEAL 194 

XXVIII.  SEWERS 195 

XXIX.  SIDEWALKS 201 

XXX.  SLAUGHTER  AND  PACKING  HOUSES 213 


CONTENTS.  xxiii 

XXXI.  STEEETS  AND  ALLEYS 216 

XXXII.  TAXES 219 

XXXIII.  STREET  TAXES 239 

XXXIY.  TOWN  BRANCH 244 

XXXV.  TRANSIENT  TRADERS 245 

XXXVI.  TREASURY  DEPARTMENT 246 

XXXVII.  TREES 251 

XXXVIII.  VEHICLES 252 

XXXIX.  WARDS 253 

XL.  PUBLIC  WORKS 254 

CERTIFICATE  OF  AUTHENTICATION 258 

PART  III.  -APPENDIX. 

I.  STATE  LAWS  RELATING  TO  CITY 

1.  Acts  Locating  County  Seat 261 

2.  Act  Concerning  Town  of  Springfield 263 

3.  General  Town  Incorporation  Act 265 

4.  Amendment  to  general  Town  Incorporation  Act 270 

5.  Act  to  Re^suryey  Town  of  Springfield 271 

6.  Acts  Locating  Seat  of  Government 271-2 

7.  Act  Extending  Corporate  Powers  of  Springfield 273 

8.  Act  Restricting  Corporate  Powers  of  Springfield 274 

9.  Original  City  Charter 275 

10.  Amendments  to  Original  Charter 285 

II.  ASSESSMENT  OF  PROPERTY  FOR  TAXATION 289 

III.  POLICE  MAGISTRATES 301 

IV.  SCHOOLS 303 

V.  WARRANTS  OF  CITIES  AND  TOWNS 305 

VI.  ACT  AMENDING  CHARTERS  OF  TOWNS  AND  CITIES....  305 

VII.  CHARTER  OF  SPRINGFIELD  GAS  LIGHT  COMPANY 307 

2.  Proposition  of  Gas  Company 310 

VIII.  RAILROADS 312 

INDEX... 315 


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PART  FIRST. 


CITY  CHARTER  AND  OTHER  ACTS 

OF  THE 

GENERAL  ASSEMBLY 

OP  THE 

STATE  OF  ILLIlSrOIS, 


AMENDATORY  THEREOF. 


\ 


CHAETEE  OF  THE  CITY  OF  SPEINGFIELD. 


AN  ACT  to  reduce  the  Act  incorporating  the  City  of  Springfield,  and  the  several  Acta 
amendatory  thereof,  into  one  Act,  and  to  amend  the  same.  Approved  March  2,  1854. 


ARTICLE  I. 

Boundaries,  General  Powers,  and  Formation  of  Wards. 

U 

II. 

Officers — their  Election  and  Appointment. 

ic 

III. 

Elections. 

u 

IV. 

Powers  and  Duties  of  Officers. 

u 

V. 

Legislative  Power  of  the  Citt  Council — its  General  Pv^weus  AiJ; 
Duties. 

a 

VI. 

Taxation. 

a 

VII. 

Assessments  for  opening  Streets  and  Alleys. 

u 

VIII. 

Public  Improvements  and  Assessments  therefor. 

4i 

IX. 

Collection  of  Taxes  and  Assessments. 

U 

X. 

Fire  Department. 

u 

XL 

Board  of  Health. 

4i 

XII. 

Schools  and  School  Fund. 

46 

XIII. 

Miscellaneous  Provisions. 

ARTICLE  I, 

BOUNDARIES,  GENERAL  POWERS  AND  FORMATION  OP  WARDS. 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  IllinoiSj 
represented  in  the  G-eneral  Assemhly^  That  all  the  district  of  coun- 
try in  the  county  of  Sangamon  and  State  of  Illinois,  contained 
within  the  present  incorporate  limits  of  the  city  of  Springfield, 
with  such  other  additions  of  land  as  may  be  incorporated  with  and 
come  under  the  jurisdiction  of  said  city,  is  hereby  erected  into  a 
city  by  the  name  of  The  City  of  Springfield.”* 

Sec.  2.  The  inhabitants  of  said  city  shall  be  a corporation  by 
the  name  of  The  City  of  Springfield,”  and  by  that  name  shall 
have  perpetual  succession,  sue  and  be  sued,  and  complain  and  de- 
fend in  any  court ; may  make  and  use  a common  seal,  and  alter 

Anieudcd.  See  Sec.  1 of  Act  of  Feb.  14,  1865.  Post  No.  2.  Soo  als<^  See.  1 of  Aot 
of  Fob.  l.i,  1857.  Po>it  No.  1.  ® 


4 


CITY  CHARTER. 


and  change  it  at  pleasure  ; may  take,  hold,  and  purchase  such  real, 
personal,  or  mixed  estate  as  the  purposes  of  the  corporation  may 
require,  within  or  without  the  limits  of  the  city,  and  may  sell,  lease, 
or  dispose  of  the  same  for  the  benefit  of  the  city. 

Sec.  3.  The  city  of  Springfield  shall  be  divided  into  four  wards, 
the  boundaries  of  which  shall  be  fixed  by  the  city  council,  and  shall 
be  by  the  city  council  changed  from  time  to  time  as  they  shall  see 
fit,  having  regard  to  the  number  of  free  white  male  inhabitants,  so 
that  each  ward  shall  contain  as  near  as  may  be,  the  same  number 
of  white  male  inhabitants.  The  city  council  may  create  additional 
wards  as  occasion  may  require,  and  fix  the  boundaries  thereof. 


ARTICLE  II. 

OFFICERS — THEIR  ELECTION  AND  APPOINTMENT. 

Section  1.  The  municipal  government  of  the  city  shall  consist 
of  a city  council,  to  be  composed  of  the  mayor  and  three  aldermen 
from  each  ward.  The  other  officers  of  the  corporation  shall  be  as 
follows  : A city  clerk,  a city  marshal,  a city  treasurer,  a city  at- 
torney, a city  assessor  and  collector,  a city  surveyor  and  engineer, 
and  a city  supervisor,  who,  in  addition  to  the  duties  prescribed  by 
this  act,  shall  perform  such  other  duties  as  may  be  prescribed  by 
ordinance.  There  shall  also  be  such  other  officers,  servants,  and 
agents  of  the  corporation  as  may  be  provided  by  ordinance,  to  be 
appointed  by  the  city  council,  and  to  perform  such  duties  as  may 
be  prescribed  by  ordinance. 

Sec.  2.  All  officers  elected  or  appointed  under  this  act,  except 
aldermen,  shall  hold  their  offices  for  one  year  and  until  the  election, 
or  appointment,  and  qualification  of  their  successors  respectively. 
All  other  officers  mentioned  in  this  act  and  not  otherwise  specially 
provided  for,  shall  be  appointed  by  the  city  council  by  ballot,  on 
the  second  Monday  of  May  in  each  year,  or  as  soon  thereafter  as 
may  be  ;*  but  the  city  council  may  specially  authorize  Ihe  appoint- 
ment of  watchmen  and  policemen  by  the  mayor,  to  continue  in  office 
during  the  pleasure  of  the  city  council : Provided,  the  mayor,  or 
marshal,  may  be  authorized  to  remove  them  from  office  for  good 
cause.  All  officers  elected  or  appointed  to  fill  vacancies  shall  hold 
for  the  unexpired  term  only,  and  until  the  election  or  appointment 
and  qualification  of  their  successors. 

Sec.  3.  The  several  wards  of  the  city  shall  be  represented  in 
the  city  council  b}"  three  aldermen  from  each  ward,  who  shall  be 


* Amended.  See  Sec.  f of  Act  of  Feb.  18,  1807.  Post  No.  4. 


OFFICERS — THEIR  ELECTION  AND  APPOINTMENT. 


hona  fide  residents  thereof,  and  hold  their  offices  for  three  years 
from  and  after  their  election,  and  until  the  election  and  qualification 
of  their  successors.  They  shall  be  divided  into  three  classes,  con- 
sistino-  of  one  alderman  from  each  ward,  so  that  one  from  each  ward 
shall  be  annually  elected.  At  the  first  meeting  of  the  city  council 
after  the  annual  election  in  April  next,  the  aldermen  shall  be  divi- 
ded into  three  classes  by  lot ; the  terms  of  office  of  those  of  the 
first  class  shall  expire  in  one  year,  of  those  of  the  second  class  in 
two  years,  and  of  those  of  the  third  class  in  three  years  : Provided, 
that  the  present  aldermen  of  the  city  whose  terms  of  office  do  not 
expire  at  that  time  shall  be  placed  in  the  first  class,  and  no  elec- 
tion shall  be  held  to  supply  their  places.  At  the  annual  election  in 
April,  1854,  there  shall  be  elected  in  the  first  and  second  wards 
of  the  city  three  aldermen,  and  in  the  third  and  fourth  wards  two 
aldermen  for  each  ward ; and  thereafter  annually,  one  alderman  shall 
be  elected  in  each  of  the  wards  of  the  city,  to  represent  such  ward 
in  the  city  council. 

Sec.  4.  If  from  any  cause  there  shall  not  be  a quorum  of  aider- 
men,  the  clerk  shall  appoint  the  time  and  place  of  holding  a special 
election  to  supply  such  vacancies,  and  to  appoint  judges  thereof  if 
necessary.  If  any  alderman  shall  remove  from  the  ward  represen- 
ted by  him,  his  office  shall  thereby  become  vacant.  If  for  any  cause 
the  officers  herein  named  shall  not  be  appointed  on  the  second  Mon- 
day of  May  in  each  year,*  the  city  council  may  adjourn  from  time 
to  time  until  such  appointments  are  made.  If  there  should  be  a 
failure  by  the  people  to  elect  any  officers  herein  required  to  be 
elected,  the  city  council  may  forthwith  order  a new  election. 

Sec.  5.  Any  officer  elected  or  appointed  to  any  office,  may  be 
removed  from  such  office  by  a vote  of  two-thirds  of  all  the  aider- 
men  authorized  by  law  to  be  elected.  But  no  officer  shall  be  re- 
moved except  for  good  cause,  nor  unless  first  furnished  with  the 
charges  against  him,  and  heard  in  his  defence  ; and  tiie  city  council 
shall  have  power  to  compel  the  attendance  of  witnesses,  and  the 
production  of  papers  when  necessary  for  the  purpose  of  such  trials 
and  shall  proceed  within  ten  days  to  hear  and  determine  upon  the 
merits  of  the  case  ; and  if  such  officer  shall  neglect  to  appear  and 
answer  to  such  charge,  then  the  city  council  may  declare  the  office 
vacant : Provided,  this  section  shall  not  be  deemed  to  apply  to  any 
officer  appointed  by  the  city  council.  Such  officer  may  be  removed 
at  any  time  by  a vote  of  two-thirds  as  aforesaid,  in  their  discretion  r 
but  any  officer  may  be  suspended  until  the  disposition  of  the  char- 
ges when  preferred. 


Amended.  Sec  Sec.  2 of  Act  of  Feb.  18,  1857.  Post  No.  4. 


6 


CITY  CHARTER. 


Sec.  6.  Whenever  any  vacancy  shall  occur  in  the  office  of  mayor 
or  alderman,  such  vacancy  shall  be  filled  by  a new  election ; and 
the  city  council  shall  order  such  special  election  within  ten  days 
after  the  happening  of  such  vacancy.  Any  vacancy  occurring  in 
any  other  office  may  be  filled  by  appointment  of  the  city  council; 
but  no  special  election  shall  be  held  to  fill  vacancies  if  more  than 
nine  months  of  the  time  has  expired. 

Sec.  7.  All  citizens  of  the  United  States,  qualified  to  vote  at 
any  election  held  under  this  act,  shall  he  qualified  to  hold  any  office 
•created  by  this  act  ;*  hut  no  person  shall  he  eligible  to  any  office 
under  this  or  any  other  act  in  relation  to  said  city,  who  is  now  or 
may  hereafter  be  a defaulter  to  said  city,  or  to  the  State  of  Illin- 
ois, or  to  any  other  city  or  county  thereof ; and  any  person  shall 
be  considered  a defaulter  who  has  refused  or  neglected,  or  may 
hereafter  refuse  or  neglect,  for  thirty  days  after  demand  made,  to 
account  for  and  pay  over  to  the  party  authorized  to  receive  the 
same,  any  public  money  which  may  have  come  into  his  possession. 
And  if  any  person  holding  any  such  office  or  place  within  this  city 
shall  become  a defaulter  whilst  in  office,  the  office  or  place  shall 
thereupon  become  vacant. 

Sec.  8.  When  two  or  more  candidates  for  any  elective  office 
shall  have  an  equal  number  of  votes  for  such  office,  the  election 
shall  be  determined  by  the  casting  of  lots  in  the  presence  of  the 
city  council. 


ARTICLE  III. 
elections. 

Section  1.  A general  election  of  all  the  officers  of  the  corporation 
required  to  be  elected  by  this  act,  or  any  ordinance  of  the  city, 
shall  be  held  in  each  of  the  wards  of  the  city,  on  the  first  Tuesday 
of  April  in  each  year,  at  such  places  as  the  city  council^  may  ap- 
point, and  of  which  six  days  previous  public  notice  shall  be  given 
by  written  or  printed  notices  in  three  public  places  in  each  ward, 
or  by  publication  in  the  newspaper  publishing  the  ordinances  of  the 
city,  by  the  city  clerk. 

Sec.  2.  The  manner  of  conductino;  and  voting  at  the  elections 
held  under  this  act,  and  contesting  the  same,  the  keeping  the  poll 

* ‘‘No  person  shall  be  elected  or  appointed  to  any  office  in  this  State,  civil  or  military 
who  is  not  a citizen  of  the  United  States,  and  who  shall  not  have  resided  in  this  State  one 
year  next  before  the  electi'i'u  or  .appoirtmeut.'’  State  Constitution,  Art.  VI,  Sec.  7. 


ELECTIONS. 


7 


lists,  canvassing  of  the  votes,  and  certifying  the  returns,  shall  be 
the  same,  as  nearly  as  may  be,  as  is  now  or  may  hereafter  be  provi- 
ded by  law  at  general  State  elections  :*  Provided^  the  city  council 
shall  have  power  to  regulate  elections,  and  the  appointment  of  the 
judges  thereof. t The  voting  shall  be  by  ballot,  and  the  judges  of 
the  election  shall  take  the  same  oath,  and  shall  have  the  same  pow- 
ers and  authority  as  the  judges  of  general  elections.  After  the 
closing  of  the  polls  the  ballots  shall  be  counted  in  the  manner  pro- 
vided by  law,  and  the  returns  shall  be  returned  sealed  to  the  city 
clerk  within  three  days  after  the  election  ; and  thereupon  the  city 
council  shall  meet  and  canvass  the  same,  and  declare  the  result  of 
the  election.  The  persons  having  the  highest  number  of  votes  for 
any  office  shall  be  declared  elected.  It  shall  be  the  duty  of  the 
city  clerk  to  notify  all  persons  elected  or  appointed  to  office,  of 
their  election  or  appointment,  and  unless  such  persons  shall  qualify 
within  twenty  days  thereafter  the  office  shall  become  vacant. 

Sec.  3.  No  person  shall  be  entitled  to  vote  at  any  election  un- 
der this  act  who  is  not  entitled  to  vote  at  State  elections, J and  has 
not  been  a resident  of  said  city  at  least  six  months  next  preceding 
said  election  ; he  shall  have  been,  moreover,  an  actual  resident  of 
the  ward  in  which  he  proposes  to  vote  for  ten  days  previous  to  such 
election,  and  if  required  by  any  judge  or  qualified  voter,  shall  take 
the  following  oath  before  he  is  permitted  to  vote  : I swear  {or  af- 

firm^) that  I am  of  the  age  of  twenty-one  years,  that  I am  a citizen 
of  the  United  States,  (or  was  a resident  of  this  State  at  the  time 
of  the  adoption  of  the  Constitution, )\\  and  have  been  a resident  of 
this  State  one  year,  and  a resident  of  this  city  six  months  immedi- 
ately preceding  this  election,  and  am  noiv  and  have  been  for  the 
last  ten  days  past  a resident  of  this  luard,  and  have  not  voted  at 
this  election:'’  Provided,  that  the  voter  shall  be  deemed  a resident 
of  the  ward  in  which  he  is  accustomed  to  lodge. 

Sec.  4.  No  election  shall  be  held  in  any  grog  shop  or  other 
place  where  intoxicating  liquors  are  vended  by  retail. 

Sec.  5.  The  persons  entitled  to  vote  at  any  election  held  under 
this  act,  shall  not  be  arrested  on  civil  process  within  said  city  upon 
the  day  on  which  said  election  is  held ; and  all  persons  illegally 
voting  at  any  election  held  under  this  act,  or  the  ordinances  of  the 
city  in  pursuance  thereof,  shall  be  punishable  according  to  the  laws 
of  the  State. 

See  Chap.  37,  Kev.  Stat.  1845.  Laws  of  1849,  page  71. 
f See  Ordinance  in  relation  to  Elections.  Post, 
t See  State  Constitution,  Art.  VI,  Sec.  1. 

II  The  Constitution  became  the  supreme  law  of  the  State  “from  and  after  the  let  day 
of  April,  1848.’'  See  State  Constitution  schedule,  Sec.  18. 


8 


CITY  CHARTER. 


ARTICLE  IV. 

POWERS  AND  DUTIES  OF  OFFICERS. 

Section  1.  Every  person  chosen  or  appointed  to  an  executive, 
judicial  or  administrative  office  under  this  act,  shall  before  he  enters 
upon  the  duties  of  his  office  take  and  subscribe  the  oath  of  office 
prescribed  in  the  constitution  of  this  State,*  and  file  the  same  duly 
certified  by  the  officer  before  whom  it  was  taken,  with  the  city  clerk. 

Sec.  2.  The  mayor  shall  before  he  enters  upon  the  duties  of  his 
office,  in  addition  to  the  usual  oath,  swear  or  affirm  ‘‘  that  he  will 
devote  so  much  of  his  time  to  the  duties  of  his  office  as  an  efficient 
and  faithful  discharge  thereof  may  require''  He  shall  preside  over 
the  meetings  of  the  city  council,  and  shall  take  care  that  the  law's 
of  this  State  and  the  ordinances  of  this  city  are  duly  enforced,  re- 
spected, and  observed  wdthin  the  city,  and  that  all  other  officers  of 
the  city  discharge  their  respective  duties ; and  he  shall  cause  neg- 
ligence and  positive  violation  of  duty  to  be  prosecuted  and  pun- 
ished. He  shall  from  time  to  time,  give  the  city  council  such 
information,  and  recommend  such  measures  as  he  may  deem  advan- 
tageous to  the  city. 

Sec.  3.  He  is  hereby  authorized  to  call  on  any  and  all  white 
male  inhabitants  of  the  city  or  county  over  the  age  of  eighteen 
years,  to  aid  in  the  enforcing  the  laws  of  the  State,  or  the  ordi-. 
nances  of  the  city ; and  in  case  of  riot  to  call  out  the  militia  to 
aid  in  suppressing  the  same,  or  carrying  into  effect  any  law  or  or- 
dinance ; and  any  person  who  shall  not  obey  such  call  shall  forfeit 
to  said  city  a fine  of  not  less  than  five  dollars. 

Sec.  4.  He  shall  have  power  whenever  he  may  deem  it  necessary, 
to  require  of  any  of  the  officers  of  the  city  an  exhibit  of  all  his  books 
and  papers ; and  he  shall  have  power  to  execute  all  acts  that  may 
be  required  of  him  by  this  act  or  any  ordinance  made  in  pursuance 
thereof. 

Sec.  5.  He  shall  he  liable  to  indictment  in  the  circuit  court  of 
Sangamon  county,  for  palpable  omission  of  duty,  willful  oppression, 
malconduct,  or  partiality  in  the  discharge  of  the  duties  of  his 


« Every  person  who  shall  be  chosen  or  appointed  to  any  office  of  trust  or  profit  shall 
before  entering  upon  the  duties  thereof,  take  an  oath  to  support  the  Constitution  of  the 
United  States,  and  of  this  State,  and  also  an  oath  of  office.”  State  Const.,  Art.  Ill, 
Sec.  30. 

In  addition  to  the  above  requirement,  every  person  holding  office  under  the  government 
of  the  State  is  required  before  entering  upon  the  duties  of  his  office  to  take  the  oath  against 
duelling.  State  Const.,  Art.  XIII,  Sec.  26. 


POWEKS  AND  DUTIES  OF  CITY  OFFICERS. 


9 


office,  and  upon  conviction  shall  be  subject  to  a fine  not  exceeding 
one  hundred  dollars ; and  the  court  shall  have  power,  upon  recom- 
mendation of  the  jury,  to  add  as  part  of  the  judgment  that  he  be 
removed  from  office. 

Sec.  6.  He  shall  receive  such  salary  as  may  be  fixed  by  ordi- 
nance, not  exceeding  six  hundred  dollars  per  annum. 

Sec.  7.  All  ordinances  and  resolutions  shall  before  they  take 
effect  be  placed  in  the  office  of  the  city  clerk,  and  if  the  mayor 
approve  thereof  he  shall  sign  the  same,  and  such  as  he  shall  not 
approve  he  shall  return  to  the  city  council  with  his  objections 
thereto.  Upon  the  return  of  any  ordinance  or  resolution  by  the 
mayor,  the  vote  by  which  the  same  was  passed  shall  be  reconsid- 
ered, and  if  after  such  reconsideration  a majority  of  all  the  mem- 
bers elected  to  the  city  council  shall  agree  by  the  ayes  and  noes,” 
which  shall  be  entered  upon  the  journals,  to  pass  the  same,  it  shall 
go  into  effect;  and  if  the  mayor  shall  neglect  to  approve  or  object 
to  any  such  proceedings  for  a longer  period  than  three  days  after 
the  same  shall  be  placed  in  the  clerk’s  office  as  aforesaid,  the  same 
shall  go  into  effect.  He  shall  ex  officio  have  power  to  administer 
any  oath  required  to  be  taken  by  this  act,  or  any  law  of  the  state ; 
to  take  depositions,  the  acknowledgment  of  deeds,  mortgages  and 
all  other  instruments  of  writing,  and  certify  the  same  under  the 
seal  of  the  city,  which  shall  be  good  and  valid  in  law. 

Sec.  8.  In  case  of  vacancy  in  the  office  of  mayor,  or  of  his  being 
unable  to  perform  the  duties  of  his  office  by  reason  of  temporary 
or  continued  absence  or  sickness,  the  city  council  shall  appoint  one 
of  its  members  by  ballot,  to  preside  over  their  meetings,  whose 
official  designation  shall  be  Acting  Mayor  and  the  alderman 
so  appointed  shall  be  vested  with  all  the  powers,  and  perform  all 
the  duties  of  m.ayor,  until  the  mayor  shall  resume  his  office,  or  the 
vacancy  shall  be  filled  by  a new  election. 

Sec.  9.  The  members  of  the  city  council  shall  be  ex  officio  fire 
wardens  and  conservators  of  the  peace*  within  the  city,  and  shall 
be  exempt  from  jury  duty  and  street  labor,  or  the  payment  of 
street  taxes,  during  their  term  of  office. 

Sec.  10.  The  clerk  shall  keep  the  corporate  seal  and  all  papers 
and  books  belonging  to  the  city.  He  shall  attend  all  meetings  of 
the  city  council,  and  keep  a full  record  of  their  proceedings  on  the 
journals;  and  copies  of  all  papers  duly  filed  in  his  office,  and  tran- 
scripts from  the  journals  of  the  proceedings  of  the  city  council,  cer- 
tified by  him  under  the  corporate  seal,  shall  be  evidence  in  all 
courts  in  like  manner  as  if  the  originals  were  produced.  He  shall 


Seo  post  Art.  XIII,  Sec.  27,  defining  the  powers  of  conservators  of  the  peace. 


10 


CITY  CHARTER. 


likewise  draw  all  warrants  on  the  treasury  and  countersign  the 
same,  and  keep  an  accurate  account  thereof  in  a book  provided  for 
that  purpose.  He  shall  also  keep  an  accurate  account  of  all  re- 
ceipts and  expenditures  in  such  manner  as  the  city  council  shall 
direct ; and  he  shall  have  power  to  administer  any  oath  required 
to  be  taken  by  this  act. 

Sec.  11.  It  shall  be  the  duty  of  the  city  attorney  to  perform 
all  professional  services  incident  to  his  office,  and  when  required, 
to  furnish  written  opinions  upon  questions  and  subjects  submitted 
to  him  by  the  mayor,  or  the  city  council,  or  its  committees : Pr'o- 
vided  however^  that  the  offices  of  city  clerk  and  city  attorney  may 
be  vested  in  the  same  person. 

Sec.  12.  The  city  treasurer  shall  receive  all  moneys  belonging 
to  the  city,  and  shall  keep  an  accurate  account  of  all  receipts  and 
expenditures  in  such  manner  as  the  city  council  shall  direct.  All 
moneys  shall  be  drawn  from  the  treasury  in  pursuance  of  an  order 
of  the  city  council,  by  a treasury  warrant  signed  by  the  mayor  or 
the  presiding  officer  of  the  city  council,  and  countersigned  by  the 
clerk;  such  warrant  shall  specify  for  what  purpose  the  amount 
therein  named  is  to  be  paid.  The  treasurer  shall  exhibit  to  the 
city  council  at  least  twenty  days  before  the  annual  election  of  each 
year,  and  oftener  if  required,  a full  and  detailed  account  of  all  re- 
ceipts and  expenditures  since  the  date  of  the  last  annual  report, 
and  also  the  staie  of  the  treasury ; which  account  shall  be  filed  in 
the  office  of  the  clerk. 

Sec,  13.  The  city  marshal  shall  perform  such  duties  as  shall 
be  prescribed  by  the  city  council,  for  the  preservation  of  the  public 
peace,  the  collection  of  license  moneys,  fines,  or  otherwise.  He 
shall  possess  the  powers  and  authority  of  a constable  at  common 
law,  and  under  the  statutes  of  this  State,*  and  receive  like  fees, 
but  shall  not  serve  civil  process  without  first  entering  into  bond  as 
such  constable,  to  be  approved  by  the  county  court  as  in  other 
cases.  He  shall  execute  and  return  all  process  issued  by  any  proper 
officer  under  this  act,  or  any  ordinance  in  pursuance  thereof. 

Sec.  14.  The  city  engineer  or  surveyor  shall  have  the  sole 
power,  under  the  direction  and  control  of  the  city  council,  to  survey 
within  the  city  limits ; and  he  shall  be  governed  by  such  rules  and 
ordinances,  and  receive  such  fees  and  emoluments  for  his  services 
as  the  city  council  shall  direct  and  prescribe.  He  shall  possess  the 
same  powers  in  making  plats  and  surveys  within  the  city  as  is  given 
by  law  to  county  surveyors,  and  the  like  effect  and  validity  shall 
be  given  to  his  acts,  and  to  all  plats  and  surveys  made  by  him,  as 


8te  Sec.  88;  of  Chap.  59,  Rev.  Stat,  1845. 


POWERS  AND  DUTIES  OF  OFFICERS. 


11 


are  or  may  be  given  by  law  to  the  acts,  plats  and  surveys  of  the 
county  surveyor.*  He  shall  when  required  superintend  the  con- 
struction of  all  public  works  ordered  by  the  city,  make  out  the 
plans  and  estimates  thereof,  and  contract  for  the  execution  of  the 
same.  He  shall  perform  all  surveying  and  engineering  ordered  by 
the  city  council,  and  shall  under  their  direction  establish  the  grades 
and  boundaries  of  streets  and  alleys  ; but  such  plans,  estimates  and 
contracts,  grades  and  boundaries,  shall  be  first  reported  to  the  city 
council  and  approved  by  them,  or  they  shall  not  be  valid. 

Sec.  15.  The  assessor  and  collector  shall  perform  all  duties  in 
relation  to  the  assessing  of  property  for  the  purpose  of  levying  the 
taxes  imposed  by  the  city  council.  In  the  performance  of  his  du- 
ties he  shall  have  the  same  powers  as  are  or  may  be  given  by  law 
to  county  or  town  assessors,  and  be  subject  to  the  same  liabilities. 
On  completing  the  assessment  lists  and  having  revised  and  correct- 
ed the  same,  he  shall  sign  and  return  them  to  the  city  council.  He 
shall  collect  all  taxes  and  assessments  which  may  be  levied  by  the 
city  council,  and  perform  such  other  duties  as  may  be  herein  pre- 
scribed, or  ordained  by  the  city  council. f 

Sec.  16.  The  supervisor  shall  superintend  all  local  improvements 
in  the  city,  and  carry  into  effect  all  orders  of  the  city  council  in  re- 
lation thereto.  It  shall  also  be  his  duty  to  superintend  and  super- 
vise the  opening  of  streets  and  alleys,  and  the  grading,  improving, 
and  repairing  thereof,  and  the  construction  and  repairing  of  bridges, 
culverts,  and  sewers ; to  order  the  laying,  relaying,  and  repairing 
of  sidewalks,  to  give  notice  to  the  owners  of  property  adjoining 
such  sidewalks  when  required,  and  upon  the  failure  of  any  person 
to  comply  wdth  such  notice,  to  cause  the  same  to  be  laid,  relaid,  or 
repaired,  and  apportion  the  cost  thereof  among  the  persons  or  lots 
properly  chargeable  therewith,  and  deliver  the  account  thereof  to 
the  city  clerk,  to  be  laid  before  the  city  council ; to  make  plans 
and  estimates  of  any  work  ordered,  in  relation  to  streets  and  alleys, 
bridges,  culverts,  or  sewers ; to  keep  full  and  accurate  accounts  in 
appropriate  books,  of  all  appropriations  made  for  work  pertaining 
to  his  office,  and  of  all  disbursements  thereof,  specifying  to  whom 
made,  and  on  what  account ; and  he  shall  render  monthly  accounts 
thereof  to  the  city  council. 

Sec.  17.  The  city  council  shall  have  power  from  time  to  time 
to  require  further  and  other  duties  of  all  officers  whose  duties  are 


^ See  Sec.  7 and  8,  Chap.  103,  Rev.  Stat.  1845.  As  to  the  duties  of  surveyors  in  laying 
out  towns  or  additions  thereto,  or  sub-divisions,  see  Sec.  17  and  Seq.  of  Division  1,  Chap. 
25,  Rev.  Stat.  1845. 

f For  farther  duties  of  assessor  see  post  Art.  IX. 


12 


CITY  CHARTER. 


herein  prescribed,  and  prescribe  the  powers  and  duties  of  all  cffi 
cers  elected  or  appointed  to  any  office  under  this  act,  whose  duties 
are  not  herein  specifically  mentioned,  and  fix  their  compensation. 
They  may  also  require  all  officers  severally,  before  they  enter  upon 
the  duties  of  their  respective  offices,  to  execute  a bond  to  the  citj> 
of  Springfield,  in  such  sum  and  with  such  securities  as  they  may 
approve,  conditioned  that  they  shall  faithfully  execute  the  duties 
of  their  respective  offices,  and  account  for,,  and  pay  over,  and  deliver 
all  moneys  and  other  property  received  by  them ; which  bond  with 
the  approval  of  the  city  council  certified  thereon  by  the  clerk,  shall 
be  filed  in  his  office. 

Sec.  18.  If  any  person  having  been  an  officer  of  said  city,  shall 
not  within  ten  days  after  notification  and  request,  deliver  to  his  succes- 
sor in  office  all  the  property,  books,  papers,  and  effects  of  every  de- 
scription in  his  possession,  belonging  to  said  city  or  appertaining  to 
his  said  office,  he  shall  forfeit  and  pay  for  the  use  of  the  city,  fifty 
dollars,  besides  all  damages  caused  by  his  refusal  or  neglect  so  to 
deliver.  And  such  successor  may  recover  possession  of  the  books, 
papers,  and  effects  belonging  to  his  office  in  the  manner  prescribed 
by  the  laws  of  the  State.* 

Sec.  19.  All  officers  elected  or  appointed  under  this  act  shall 
be  commissioned  by  warrant  under  the  corporate  seal,  signed  by  the 
mayor  or  presiding  officer  of  the  city  council  and  clerk. 


ARTICLE  V. 

OF  THE  LEGISLATIVE  POWER  OF  THE  CITY  COUNCIL — ITS  GENERAL 

POWERS  AND  DUTIES. 

Section  1.  The  mayor  and  aldermen  shall  constitute  the  city 
council  of  the  city.  The  city  council  shall  meet  at  such  time  and 
place  as  they  shall  by  resolution  direct.  The  mayor  when  present 
shall  preside  at  all  meetings  of  the  city  council,  and  shall  have  only 
a casting  vote  ; in  his  absence  any  one  of  the  aldermen  may  be  ap- 
pointed to  preside.  A majority  of  the  persons  elected  aldermen 
shall  constitute  a quorum. 

Sec.  2.  No  member  of  the  city  council  shall  during  the  period 
for  which  he  is  elected,  receive  any  compensation  for  his  services, f 
or  be  appointed  to  or  be  competent  to  hold  any  office  of  which  the 


* See  See.  10  and  11,  of  Chap.  87,  Rev.  Stat.  1845. 

I Amended.  See  Sec.  S of  Act  of  Feb.  18,  1857.  Post  No.  4. 


POWERS  OF  THE  CITY  COUNCIL. 


13 


emoluments  are  paid  from  the  city  treasury,  or  paid  by  fees  directed 
tO'  be  paid  by  any  act  or  ordinance  of  the  city  council,  or  be  di- 
rectly or  indirectly  interested  in  any  contract  the  expense  or  con- 
sideration whereof  is  to  be  paid  under  any  ordinance  of  the  city 
council,  or  be  allowed  to  vote  in  any  matter  in  which  he  is  directly 
interested  personally  or  pecuniarily. 

Sec.  3.  The  city  council  shall  hold  twelve  stated  meetings  (one 
in  each  month)  during  the  year,  and  the  mayor  or  any  two  alder- 
men may  call  special  meetings  by  notice  to  each  of  the  members  of 
the  council,  served  personally  or  left  at  their  usual  places  of  abode. 
Petitions  and  remonstrances  may  be  presented  to  the  citj  council, 
and  they  shall  determine  the  rule  of  their  own  proceedings,  and  be 
the  judges  of  the  election  and  qualification  of  their  own  members, 
and  shall  have  power  to  compel  the  attendance  of  absent  members. 

Sec.  4.  The  city  council  shall  have  the  control  of  the  finances 
and  of  all  the  property,  real,  personal,  and  mixed,  belonging  to  the 
corporation,  and  shall  likewise  have  power  within  the  jurisdiction 
of  the  city,  by  ordinance — 

First — To  borrow  money  on  the  credit  of  the  city,  and  issue  the 
bonds  of  the  city  therefor ; but  no  sum  of  money  shall  be  borrowed 
at  a higher  rate  of  interest  than  the  rate  allowed  by  law,  nor  shall 
a greater  sum  or  sums  be  borrowed,  or  at  any  time  outstanding,  the 
interest  upon  the  aggregate  of  which  shall  exceed  the  one-half  of 
the  city  revenue  arising  from  the  ordinary  taxes  within  the  city  for 
the  year  immediately  preceding : and  no  bonds  shall  be  issued  or 
negotiated  at  less  than  par  value.*  The  appropriations  of  the  city 
council  for  payment  of  interest,  for  improvements,  and  for  city  ex- 
penses during  any  one  fiscal  year,  shall  not  exceed  the  amount  of 
the  whole  ordinary  revenue  of  the  city  for  the  fiscal  year  immedi- 
ately preceding ; but  the  city  council  may  apply  any  surplus  money 
in  the  treasury  to  the  extinguishment  of  the  city  debt,  or  to  the 
creation  of  a sinking  fund  for  that  purpose,  or  to  the  carrying  on 
of  the  public  works  of  the  city,  or  to  the  contingent  fund  for  the 
contingent  expenses  of  the  city. 

Second — To  appropriate  money,  and  to  provide  for  the  payment 
of  the  debts  and  expenses  of  the  city. 

Third, — To  make  regulations  to  prevent  the  introduction  of  con- 
tageous  diseases  into  the  city,  to  make  quarantine  laws  for  that 
purpose,  and  to  enforce  them  within  the  city  and  within  five  miles 
thereof. 

Fourth — To  make  regulations  to  secure  the  general  health  and 
comfort  of  the  inhabitants ; to  prevent,  abate,  and  remove  nuisances 


* Amended.  See  Sec.  4,  of  Act  of  Feb.  18,  18S7.  Post  No.  4. 


14 


CITY  CHARTER. 


and  punish  the  authors  thereof  by  penalties,  fine,  and  imprison- 
ment ; to  define  and  declare  what  shall  be  deemed  nuisances,  and 
authorize  and  direct  the  summary  abatement  thereof. 

Fifth — To  provide  the  city  with  water ; to  make,  regulate,  and 
establish  public  wells,  pumps,  and  cisterns,  hydrants  and  reservoirs.^ 
in  the  streets  within  the  city,  or  beyond  the  limits  thereof,  for  the 
extinguishment  of  fires  and  the  convenience  of  the  inhabitants,  and 
to  prevent  the  unnecessary  wmste  of  water. 

Sixth — To  have  the  exclusive  control  and  power  over  the  streets, 
alleys,  and  highways  of  the  city,  and  to  abate  and  remove  any  en- 
croachments or  obstructions  thereon ; to  open,  alter,  abolish,  widen, 
extend,  straighten,  establish,  regulate,  grade,  clean,  or  otherwise 
improve  the  same ; to  put  drains  and  sew'ers  therein,  and  prevent 
the  incumbering  thereof  in  any  manner,  and  protect  the  same  from 
any  encroachment  or  injury. 

Seventh — To  establish,  erect,  construct,  regulate,  and  keep  in 
repair  bridges,  culverts,  and  sewers,  sidewalks  and  crossways,  and 
regulate  the  construction  and  use  of  the  same,  and  to  abate  any 
obstructions  or  encroachments  thereof ; to  establish,  alter,  change, 
and  straighten  the  channels  of  water  courses  and  natural  drains, 
to  sewer  the  same,  or  wall  them  up  and  cover  them  over,  and  to 
prevent,  regulate,  and  control  the  filling  up,  altering,  or  changing 
the  channels  thereof  by  private  persons. 

Eighth — To  provide  for  lighting  the  streets  and  erecting  lamp 
posts  and  lamps  therein,  and  regulate  the  lighting  thereof,  and  from 
time  to  time  create,  alter,  or  extend  lamp  districts  ; to  exclusively 
regulate  direct  and  control  the  laying  and  repairing  the  gas  pipes 
and  gas  fixtures  in  the  streets,  alleys,  and  sidewalks. 

Ninth — To  establish  and  erect  markets  and  market-houses,  and 
other  public  buildings  of  the  city,  and  provide  for  the  government 
and  regulation  thereof,  and  their  erection  and  location,  and  to  au- 
thorize their  erection  in  the  streets  and  avenues  of  the  city,  and 
the  continuation  of  such  as  are  already  erected  within  the  same. 

Tenth — To  provide  for  the  enclosing,  regulating  and  improving 
all  public  grounds  and  cemeteries  belonging  to  the  city,  and  to  di- 
rect and  regulate  the  planting  and  preserving  of  ornamental  and 
shade  trees  in  the  streets  or  public  grounds. 

Eleventh — To  erect  and  establish  one  or  more  hospitals  or  dis- 
pensaries, and  control  and  regulate  the  same. 

Twelfth — To  prevent  the  incumbering  of  the  streets,  alleys,  side- 
walks, or  public  grounds,  with  carriages,  wagons,  carts,  wheelbar- 
rows, boxes,  lumber,  timber,  firewood,  posts,  awnings,  signs,  or  any 
other  substance  or  material  whatever ; to  compel  all  persons  to 
keep  the  snow,  ice,  dirt,  and  other  rubbish  from  the  sidewalks  and 
street  gutters  in  front  of  the  premises  occupied  by  them. 


POWERS  OF  THE  CITY  COUNCIL. 


15 


Thirteenth — To  license,  tax,  and  regulate  merchants,  commission 
merchants,  inn-keepers,  brokers,  money  brokers,  insurance  brokers, 
and  auctioneers,  and  to  impose  duties  upon  the  sales  of  goods  at 
auction.  To  license,  tax,  regulate,  suppress  and  prohibit  hawkers, 
pedlers,  pawnbrokers,  grocery  keepers,  and  keepers  of  ordinaries, 
theatrical  or  other  exhibitions,  shows  and  amusements. 

Fourteenth — To  license,  tax,  regulate,  and  suppress  hackmen,. 
draymen,  omnibus  drivers,  porters,  and  all  others  pursuing  like  oc- 
cupations, with  or  without  vehicles,  and  prescribe  their  compensa- 
tion, and  to  regulate  and  restrain  runners  for  stages,  cars,  and 
public  houses. 

Fifteenth — To  license,  tax,  regulate,  prohibit,  and  suppress  bil- 
liard tables,  pin  alleys,  and  ball  alleys.  To  suppress  and  restrain 
disorderly  houses,  tippling  shops  and  groceries,  bawdy  houses,  gam- 
ing and  gambling  houses,  lotteries,  and  all  fraudulent  devices  and 
practices,  and  all  playing  of  cards,  dice,  and  other  games  of  chance, 
with  or  without  betting,  and  to  authorize  the  destruction  of  all  in- 
struments and  devices  used  for  the  purpose  of  gaming. 

Sixteenth — To  authorize  the  proper  officer  of  the  city  to  grant 
and  issue  licenses,  and  to  direct  the  manner  of  issuing  and  regis- 
tering thereof,  and  the  fees  and  charges  to  be  paid  therefor.  No 
license  shall  be  granted  for  more  than  one  year,  and  not  less  than 
three  dollars  nor  more  than  five  hundred  dollars  shall  be  charged 
for  any  license  under  this  act,  and  the  fees  for  issuing  tiie  same 
shall  not  exceed  one  dollar  ; but  no  license  for  the  sale  of  wines  or 
other  liquors,  ardent  or  vinous,  fermented  or  malt,  at  wholesale  or 
retail,  by  grocery  keepers  inn-keepers  or  others,  shall  be  issued  for 
less  than  fifty  dollars. 

Seventeenth — To  restrain,  regulate,  and  prohibit  the  selling  or 
giving  away  of  any  intoxicating  or  malt  liquors  by  any  person 
within  the  city,  except  by  persons  duly  licensed.  To  forbid  and 
punish  the  selling  or  giving  away  of  any  intoxicating  or  malt  liquors 
to  any  minor,  apprentice  or  servant,  without  the  consent  of  the 
parent,  guardian,  master  or  mistress. 

Eighteenth — The  prevent,  restrain,  and  punish  forestalling  and 
regrating.  To  regulate  the  inspection  and  vending  of  fresh  meats, 
poultry,  and  vegetables — of  butter,  lard,  and  other  provisions,  and 
the  place  and  manner  of  selling  fish,  and  inspecting  the  same. 

Nineteenth — To  regulate,  license,  and  prohibit  butchers,  and  tO' 
revoke  their  licenses  for  malconduct  in  the  course  of  trade. 

Twentieth — To  establish  standard  weights  and  measures,  and 
regulate  the  weights  and  measures  to  be  used  within  the  city  in  all 
cases  not  otherwise  provided  by  law.  To  require  all  traders  or 
dealers  in  merchandise,  or  property  of  any  description  which  is 


16 


CITY  CHARTER. 


sold  by  measure  or  weight,  to  cause  their  measures  and  weights  to 
be  tested  and  sealed  by  the  city  sealer,  and  to  be  subject  to  his  in- 
spection. The  standard  of  such  weights  and  measures  shall  be  con- 
formable to  those  established  by  law  or  ordinance. 

V 

Twenty-first — To  regulate  and  provide  for  the  inspecting  and 
measuring  of  lumber^  shingles,  timber,  posts,  staves,  heading,. and 
all  kind  of  building  materials,  and  for  the  measuring  of  all  kinds 
of  mechanical  work,  and  to  appoint  one  or  more  inspectors  or 
measurers. 

Twenty-second — To  provide  for  the  inspection  and  weighing  of 
hay,  lime,  and  stone  coal,  and  the  place  and  manner  of  selling  the 
same.  To  regulate  the  measui’ement  of  fire  wood,  charcoal,  and 
other  fuel  to  be  sold  or  used  within  the  city,  and  the  place  and 
manner  of  selling  the  same. 

Twenty -third — To  regulate  the  inspection  of  beef,  pork,  flour, 
meal,  and  other  provisions  ; salt,  whisky  and  other  licpiors  to  be 
sold  in  barrels,  hogsheads  and  other  vessels  or  packages.  To  ap- 
point weighers,  gaugers,  and  inspectors,  and  prescribe  their  duties 
and  recrulate  their  fees : Provided,  that  nothino:  herein  shall  be  so 
construed  as  to  require  the  inspection  of  any  articles  enumerated 
herein,  which  are  to  be  shipped  beyond  the  limits  of  the  State,  ex- 
cept at  the  request  of  the  owner  thereof  or  his  agent. 

Twenty-fourth — To  regulate  the  weight  and  quality  of  bread  to 

be  sold  or  used  within  the  citv. 



Twenty-fifth — To  regulate  the  size  and  quality  of  bricks  to  be 
sold  or  used  within  the  city,  and  the  inspection  thereof. 

Twenty-sixth — To  create,  establish,  and  regulate  the  police  of 
the  city,  to  appoint  watchmen  and  policemen,  and  prescribe  their 
duties  and  powers. 

Twenty-seventh — To  prevent  and  suppress  any  riot,  rout,  affray, 
noise,  distnrbance,  or  disorderly  assembly,  in  any  public  or  private 
place  within  the  city. 

Twenty-eighth — To  prohibit,  prevent,  and  suppress  horse  racing, 
immoderate  riding  or  driving  in  the  streets,  and  to  authorize  per- 
sons immoderately  riding  or  driving  as  aforesaid  to  be  stopped  by 
any  person ; to  prohibit  and  punish  the  abuse  of  animals ; to  com- 
pel persons  to  fasten  their  horses  or  other  animals  attached  to  vehi- 
cles or  otherwise,  while  standing  or  remainino;  in  the  streets. 

Twenty-ninth — To  restrain  and  punish  vagrants,  mendicants, 
street  beggars,  and  prostitutes. 

Thirtieth — To  regulate,  restrain,  or  prohibit  the  running  at  large 
of  horses,  cattle,  swine,  sheep,  goats  and  geese,  and  to  authorize 
the  distraining,  impounding,  and  sale  of  the  same  for  the  costs  of 
the  proceedings  and  the  penalty  incurred,  and  to  impose  penalties 


POWERS  OF  THE  CITY  COUNCIL, 


17 


on  the  owners  thereof  for  a violation  of  any  ordinance  in  relation 
thereto.  To  regulate,  restrain,  and  prohibit  the  running  at  large 
of  dogs,  and  to  authorize  their  destruction  when  at  large  contrary  to 
ordinance,  and  to  impose  penalties  on  the  owners  or  keepers  thereof. 

Thirty-first — To  prohibit  and  restrain  the  rolling  of  hoops,  fly- 
ing of  kites,  or  any  other  amusements  or  practices  tending  to  annoy 
persons  passing  on  the  streets  or  sidewalks,  or  to  frighten  horses 
or  teams ; to  restrain  and  prohibit  the  ringing  of  bells,  blowing  of 
horns  or  bugles,  crying  of  goods,  and  all  other  noises,  performan- 
ces, and  practices,  tending  to  the  collecting  of  persons  on  the  streets 
or  sidewalks,  by  auctioneers  and  others,  for  the  purpose  of  business, 
amusement,  or  otherwise. 

Thirty-second — To  abate  all  nuisances  which  may  injure  or  affect 
the  public  health  or  comfort,  in  any  manner  they  may  deem  expe- 
dient. 

Thirty-third — To  do  all  acts  and  make  all  regulations  which  may 
be  necessary  or  expedient  for  the  promotion  of  health  and  the  sup- 
pression of  disease. 

Thirty-fourth — To  compel  the  ovmer  or  occupant  of  any  grocery, 
cellar,  soap  or  talloAV  chandler  or  blacksmith  shop,  tannery,  stable, 
privy,  sewer,  or  other  unwholesome  or  nauseous  house  or  place,  to 
cleanse,  remove,  or  abate  the  same,  as  may  be  necessary  for  the 
health,  comfort  and  convenience  of  the  inhabitants. 

Thirty -fifth — To  direct  the  location  and  regulate  the  management 
and  construction  of  breweries,  tanneries,  blacksmith  shops,  foun- 
deries,  livery  stables  and  packing  houses.  To  direct  the  location  and 
regulate  the  management  and  construction  of,  and  restrain,  abate 
and  prohibit  within  the  city,  and  to  the  distance  of  one  mile  from 
the  limits  thereof,  distilleries,  slaughtering  establishments,  estab- 
lishments for  steaming  or  rendering  lard,  tallow,  offal  and  such  other 
substances  as  may  be  rendered,  and  all  other  establishments  or  places 
where  any  nauseous,  oftensive,  or  unwholesome  business  may  be 
carried  on. 

Thirty-sixth — To  regulate  the  burial  of  the  dead,  to  establish  and 
regulate  one  or  more  cemeteries,  to  regulate  the  registration  of  births 
and  deaths,  to  direct  the  returning  and  keeping  of  bills  of  mortality 
and  to  impose  penalties  on  physicians,  and  sextons,  and  others,  for 
any  default  in  the  premises. 

Thirty-seventh — To  provide  for  the  taking  an  enumeration  of  the 
inhabitants  of  the  city. 

Thirty -eighth — To  erect  and  establish  a work-house,  or  house  of 
correction,  make  all  necessary  regulations  therefor,  and  appoint  all 
necessary  keepers  or  assistants.  In  such  work-house  or  house  of 

b.  CO.M  .11  ..,«1.„,  Idl,  „d  dl„. 


18 


CITY  CHARTER. 


derly  persons  who  may  he  committed  thereto  by  any  proper  officer, 
and  all  persons  sentenced  by  any  criminal  court  or  magistrate  in  and 
for  the  city,  or  for  the  county  of  Sangamon,  for  any  assault  and 
battery,  petit  larceny,  or  other  misdemeanor  punishable  by  imprison- 
ment in  any  county  jail;  and  any  person  who  shall  fail  or  neglect 
to  pay  any  fine,  penalty,  or  costs  imposed  by  any  ordinance  of  the 
city  for  any  misdemeanor,  or  breach  of  any  ordinance  of  the  city, 
may  instead  of  being  committed  to  the  county  jail  of  Sangamon  coun- 
ty, be  kept  therein  subject  to  labor  and  confinement. 

Thirty-ninth — To  authorize  and  direct  the  taking  up,  and  pro- 
viding for  the  safe  keeping  and  education  for  such  periods  of  time 
as  may  be  deemed  expedient,  of  all  children  who  are  destitute  of 
proper  parental  care,  wandering  about  the  streets,  committing  mis- 
chief, and  growing  up  in  mendicancy,  ignorance,  idleness  and  vice. 

Fortieth — To  fill  up,  drain,  dense,  alter,  relay,  repair  and  regu- 
late any  grounds,  lots,  yards,  cellars,  private  drains,  sinks  and 
privies,  direct  and  regulate  their  construction,  and  cause  the  expen- 
ses thereof  to  be  assessed  and  collected  in  the  same  manner  as  side- 
■walk  assessments.* 

Forty-first — To  direct  and  control  the  laying  and  construction  of 
railroad  tracks,  bridges,  turn-outs  and  switches  in  the  streets  and 
alleys,  and  the  location  of  depot  grounds  within  the  city.  To  re- 
quire that  railroad  tracks,  bridges,  turn-outs  and  switches  shall  be 
so  constructed  and  laid  as  to  interfere  as  little  as  possible  with  the 
ordinary  travel  and  use  of  the  streets  and  alleys;  and  that  suffi- 
cient space  shall  be  left  on  either  side  of  said  tracks  for  the  safe 
and  convenient  passage  of  teams  and  persons.  To  require  railroad 
companies  to  keep  in  repair  the  streets  through  which  their  track 
m.ay  run,  and  to  construct  and  keep  in  repair  suitable  crossings  at 
the  intersections  of  streets  and  alleys,  and  ditches,  sewers  and  cul- 
verts, when  the  city  council  shall  deem  necessary.  To  direct  and 
prohibit  the  use,  and  regulate  the  speed  of  locomotive  engines  with- 
in the  inhabited  portions  of  the  city.  To  prohibit  and  restrain 
railroad  companies  from  doing  storage  or  warehouse  business  or  col- 
lecting pay  for  storage. 

Forty -second — The  city  council  shall  have  power  to  pass,  pub- 
lish, amend  and  repeal  all  ordinances,  rules  and  police  regulations, 
not  contrary  to  the  constitution  of  the  United  States,  or  of  this  state, 
for  the  good  government,  peace  and  order  of  the  city,  and  the  trade 
and  commerce  thereof,  that  may  be  necessary  or  proper  to  carry  into 
effect  the  powers  vested  by  this  act  in  the  corporation,  the  city 
government,  or  any  department  or  officer  thereof;  to  enforce  the 


* See  Post,  Art.  VIII,  Sec.  4. 


POWERS  AND  DUTIES  OF  OFFICERS. 


19 


observance  of  all  such  rules,  ordinances,  and  police  regulations,  and 
to  punish  violations  thereof  bj  fines,  penalties  and  imprisonment  in 
the  county  jail,  city  prison,  or  work  house,  or  both,  in  the  discre- 
tion of  the  court  or  magistrate  before  whom  conviction  may  be  had. 
But  no  fine  or  penalty  shall  exceed  five  hundred  dollars,  nor  the  im- 
prisonment six  months  for  any  offense,  and  such  fine  or  penalty  may 
be  recovered,  with  costs,  in  an  action  of  debt,  in  the  name  or  for 
the  use  of  the  city,  before  any  court  having  jurisdiction,  and  pun- 
ishment inflicted;  and  any  person  upon  whom  any  fine  or  penalty 
is  imposed  shall  stand  committed  until  the  payment  of  the  same  and 
costs,  and  in  default  thereof  may  be  imprisoned  in  the  county  jail, 
city  prison,  or  work  house,  or  required  to  labor  on  the  streets  or 
other  public  works  of  the  city,  for  such  time  and  in  such  manner  as 
may  be  provided  by  ordinance.* 


ARTICLE  VI. 

OF  TAXATION. 

Section  1.  The  city  council  shall  have  power  within  the  city 
by  ordinance: 

First — To  levy  and  collect,  annually,  taxes  not  exceeding  five 
mills  to  the  dollar  on  the  assessed  value  of  all  real  and  personal 
estate  and  property  within  the  city,  and  all  personal  property  of 
the  inhabitants  thereof,  made  taxable  by  the  laws  of  the  state  for 
state  purposes  f to  defray  the  general  and  contingent  expenses  of 
the  city,  not  herein  otherwise  provided  for ; which  taxes  shall  con- 
stitute the  general  fund. 

Second — To  annually  levy  and  collect  a school  tax  not  exceed- 
ing five  mills  on  the  dollar,  on  all  property  taxable  for  state  pur- 
poses, for  purchasing  ground  for  school  houses,  building  and  re- 
pairing school  houses,  and  supporting  and  maintaining  schools. 

Third — To  levy  and  collect  taxes,  not  exceeding  five  mills  to  the 
dollar  per  annum,  on  all  property  subject  to  taxation,  to  meet  the 
interest  accruing  on  the  debt  of  the  city.  And  the  city  council 
shall  pass  no  ordinance  or  resolution  incurring  or  creating  a debt, 


* See  Post,  Art.  XIII,  Secs.  14  to  17,  inc. 

t For  property  taxable  by  the  laws  of  the  State,  see  Secs.  1 to  5,  iuc.  of  An  act  for 
the  Assessment  of  Property,”  approved  Feb.  12,  1853.  Laws  of  1853,  p.  35,  Appendix 
No.  2. 


20 


CITY  CHARTER. 


without  at  the  same  time,  making  provisions  for  the  levying  a tax 
sufficient  to  meet  the  payment  of  the  interest  accruing  thereon 
when  payable. 

Fourth — To  annually  levy  and  collect  taxes  on  all  property  sub- 
ject to  taxation  when  required,  for  the  erection  of  a city  hall,  mar- 
kets, hospital,  city  prison  or  work  house,  the  purchase  of  market 
grounds,  public  squares  or  parks,  or  any  other  public  improvements: 
Provided.,  the  estimated  cost  of  a city  hall,  work  house  or  market 
house,  may  be  apportioned  by  the  city  council,  and  collected  by  a 
series  of  annual  assessments.  But  the  cost  of  market  grounds, 
markets,  public  squares,  or  other  improvements,  may  be  levied  and 
collected  upon  all  the  real  estate  and  other  property  in  the  natural 
division  of  the  city  in  vdiich  they  are  located.  No  local  improve- 
ment under  this  section  shall  be  ordered  in  any  division,  unless  a 
majority  of  the  aldermen  thereof  shall  vote  in  favor  of  the  same. 
But  no  tax  or  taxes  shall  be  levied  in  any  one  year  under  this  sec- 
tion which  shall  exceed  five  mills  to  the  dollar  on  the  property  as- 
sessed for  any  or  all  the  purposes  herein  specified.  The  revenues 
arising  from  such  market  or  other  improvements  shall  be  applied 
to  the  liquidating  the  costs  thereof,  and  taxes  shall  be  levied  and 
collected  to  make  up  the  deficiency. 

Fifth — To  levy  and  collect,  upon  all  property  in  such  districts  as 
they  shall,  from  time  to  time  create,  a tax  sufficient  to  defray  one 
half  of  the  expenses  of  erecting  lamp  posts  and. lamps,  and  light- 
ing the  streets  in  such  district ; and  the  tax  thus  collected  shall  be 
exclusively  expended  for  such  purposes  in  the  district  paying  the 
same. 

Sixth — To  require  ( and  it  is  hereby  made  the  duty  of ) every 
male  resident  of  the  city  over  the  age  of  twenty-one  years,  and 
under  the  age  of  fifty  years,  to  labor  three  days  in  each  year  upon 
the  streets  and  alleys  of  the  city ; but  any  person  may,  at  his  op- 
tion, pay  in  lieu  thereof  two  dollars : Provided,  the  same  shall  be 
paid  within  ten  days  after  notification  by  the  supervisor.  In  de- 
fault of  payment  as  aforesaid,  the  sum  of  three  dollars  and  costs 
may  be  collected,  and  no  set-off  shall  be  allowed  in  any  suit  brought 
to  collect  the  same.* 


* See  Post,  Art.  XIII,  Sec.  3.  \ 


TAXATION — ASSESSMENTS  FOR  STREETS  AND  ALLEYS. 


21 


ARTICLE  VII. 

OF  ASSESSMENTS  FOR  OPENING  STREETS  AND  ALLEYS. 

Section  1.  The  city  council  shall  have  power  to  open  and  lay 
out  public  grounds  or  squares,  streets,  alleys  and  highways,  and  to- 
alter,  widen,  contract,  straighten  and  discontinue  the  same.  But 
no  street,  alley  or  highway,  or  any  part  thereof,  shall  be  discontin- 
ued or  contracted  without  the  consent  in  writing  of  all  persons 
owning  land  or  lots  adjoining  said  street,  alley  or  highway.  They 
shall  cause  all  streets,  alleys  and  highways,  or  public  squares  or 
grounds  laid  out  by  them,  to  be  surveyed,  described  and  recorded 
in  a book  to  be  kept  by  the  clerk,  showing  accurately  and  particu- 
larly the  proposed  improvements,  and  the  real  estate  required  to  be 
taken ; and  the  same  when  opened  and  made,  shall  be  public  high- 
ways and  public  squares. 

Sec.  2.  Whenever  any  street,  alley  or  highway,  public  ground 
or  square,  is  proposed  to  be  laid  out,  opened,  altered,  widened  or 
straightened,  by  virtue  hereof,  and  the  amount  of  compensation 
cannot  be  agreed  upon,  the  city  council  shall  give  notice  of  their 
intention  to  appropriate  and  take  the  land  necessary  for  the  s-ame, 
to  the  owner  thereof,  by  publishing  said  notice  for  ten  days  in  the 
newspaper  publishing  the  ordinances  of  the  city ; at  the  expiration 
of  which  time  they  shall  choose  by  ballot  three  disinterested  free- 
holders, residing  in  the  city,  as  commissioners,  to  ascertain  and  as- 
sess the  damages  and  recompense  due  the  owners  of  said  real  estate 
respectively,  and  at  the  same  time  to  determine  what  persons  will  be 
benefitted  by  such  improvement,  and  assess  the  damages  and  ex- 
penses thereof  on  the  real  estate  benefitted  thereby,  in  proportion,, 
as  nearly  as  may  be,  to  the  benefits  resulting  to  each.  A majority 
of  all  the  aldermen  authorized  by  law  to  be  elected  shall  be  neces- 
sary to  a choice  of  such  commissioners. 

Sec.  3.  The  commissioners  shall  be  sworn  faithfully  and  impar- 
tially to  execute  their  duties  to  the  best  of  their  abilities  before  enter- 
ing upon  their  duties ; they  shall  give  at  least  five  days  notice  to  all 
persons  interested,  of  the  time  and  place  of  their  meeting,  for  the 
purpose  of  viewing  the  premises  and  making  their  assessments;, 
which  notice  shall  be  given  personally,  if  the  owners  are  residents 
and  known,  or  by  publication  in  the  newspaper  publishing  the  or- 
dinances of  the  city,  if  non-residents  or  unknown;  they  shall 
view  the  premises,  and  in  their  discretion  receive  any  legal  evidence,, 
and  may,  if  necessary,  adjourn  from  day  to  day. 


99 


CITY  CHARTEPw. 


Sec.  4.  If  there  should  he  any  building  standing  in  whole  or 
in  part  upon  the  land  to  be  taken,  the  commissioners,  before  pro- 
ceedino;  to  make  their  assessment,  shall  first  estimate  and  deter- 
mine  the  whole  value  of  such  building  to  the  owner,  aside  from  the 
value  of  the  land,  and  the  actual  injury  to  him  in  having  such 
building  taken  from  him ; and  secondly,  the  value  of  such  building 
to  him  to  remove. 

Sec.  5.  At  least  five  days  notice  shall  be  given  to  the  owner  of 
such  determination  when  known,  and  a resident  of  the  city,  which 
may  be  given  personally  or  in  writing,  left  at  his  usual  place  of 
abode.  If  a non-resident,  or  unknown,  like  notice  to  all  persons 
interested  shall  be  given  by  publication  in  the  newspaper  publish- 
ing the  ordinances  of  the  city.  Such  notice  shall  specify  the 
buildings,  and  the  award  of  the  commissioners,  and  shall  be  signed 
by  them.  It  shall  also  require  the  persons  interested  to  appear  by 
a day  to  be  named  therein,  or  give  notice  of  their  election  to  the 
city  council,  either  to  accept  the  award  of  the  commissioners,  and 
allow  such  building  to  be  taken  with  the  land  condemned  or  appro- 
priated, or  of  their  intention  to  receive  such  building  at  the  value 
set  thereon  by  the  commissioners  to  remove ; if  the  owner  shall 
agree  to  remove  such  building,  he  shall  have  such  reasonable  time 
for  that  purpose  as  the  city  council  may  direct. 

Sec.  6.  If  the  owner  refuses  to  take  the  building  at  its  ap- 
praised value  to  remove,  or  fails  to  give  notice  of  his  intention  as 
aforesaid  within  the  time  prescribed,  the  city  council  shall  have 
power  to  direct  the  sale  of  such  building  at  public  auction,  for  cash 
or  on  a credit,  giving  five  days  public  notice  of  the  sale.  The  pro- 
ceeds of  the  sale  shall  be  paid  to  the  owner,  or  deposited  to  his 
use. 

Sec.  T.  The  commissioners  shall  thereupon  proceed  to  make 
their  assessment,  and  determine  and  appraise  to  the  owner  the 
value  of  the  real  estate  appropriated,  and  the  injury  arising  from 
the  condemnation  thereof,  which  shall  be  awarded  to  such  owner  as 
damages,  after  making  due  allowance  therefrom  for  any  benefit 
which  such  owner  may  derive  from  such  improvement.  In  the  es- 
timate of  damage  to  the  land,  the  commissioners  shall  include  the 
value  of  the  buildings,  (if  the  property  of  the  owner  of  the  land,) 
as  estimated  by  them  as  aforesaid,  less  the  proceeds  of  the  sale 
thereof,  or  if  taken  by  the  owner  at  the  value  to  remove,  in  that 
case  they  shall  only  include  the  difference  between  such  value  and 
the  whole  estimated  value  of  such  buildins:. 

Sec.  8.  If  the  damage  to  any  person  be  greater  than  the  bene- 
fits received,  or  if  the  benefit  be  greater  than  the  damages,  in 
cither  case  the  commissioners  shall  strike  a balance,  and  carry  the 


ASSESSMENTS  FOE,  STREETS  AND  ALLEYS. 


23 


difference  forward  to  another  column,  so  that  the  assessment  may 
show  what  amount  is  to  be  received  or  paid  by  such  owners  re- 
spectively, and  the  difference  only  shall,  in  any  case,  be  collecta- 
ble of  or  paid  to  them. 

Sec.  9.  If  the  lands  and  buildings  belong  to  different  persons, 
or  if  the  land  be  subject  to  lease  or  mortgage,  the  injury  done  to 
such  persons  respectively,  may  be  awarded  to  them  by  the  commis- 
sioners, less  the  benefit  resulting  to  them  respectively  from  the 
improvements. 

Sec.  10.  Having  ascertained  the  damages  and  expenses  of 
such  improvement  as  aforesaid,  the  commissioners  shall  thereupon 
apportion  and  assess  the  same,  together  with  the  costs  of  the  pro- 
ceedings upon  the  real  estate  by  them  deemed  benefitted,  in  pro- 
portion to  the  benefit  resulting  from  the  improvements,  as  nearly 
as  may  be,  and  shall  describe  the  real  estate  upon  which  their  as- 
sessments may  be  made ; when  completed,  the  commissioners  shall 
sign  and  return  the  same  to  the  city  council,  within  thirty  days  of 
their  assessment. 

Sec.  11.  The  clerk  shall  give  ten  days  notice  by  publication  in 
the  newspaper  publishing  the  ordinances  of  the  city,  that  such  as- 
sessment has  been  returned,  and  on  a day  to  be  specified  therein 
will  be  confirmed  by  the  city  council,  unless  objections  to  the  same 
are  made  by  some  person  interested.  Objections  may  be  heard  be- 
fore the  city  council,  and  the  hearing  may  be  adjourned  from  day 
to  day.  The  council  shall  have  power,  in  their  discretion,  to  con- 
firm or  annul  the  assessment,  or  refer  the  same  back  to  the  com- 
missioners ; if  annulled,  all  the  proceedings  shall  be  void — if  con- 
firmed, an  order  of  confirmation  shall  be  entered,  directing  a war- 
rant to  issue  for  the  collection  thereof  ; if  referred  back  to  the 
same  or  other  commissioners,  they  shall  proceed  to  make  their  as- 
sessment, and  return  the  same  in  like  manner,  and  give  like  no- 
tices as  herein  required  in  relation  to  the  first,  and  all  parties  in 
interest  shall  have  the  like  notice  and  rights,  and  the  city  council 
shall  perform  like  duties,  and  have  like  powers,  in  relation  to  any 
subsequent  determination,  as  are  herein  given  in  relation  to  the 
first. 

Sec.  12.  The  city  council  shall  have  power  to  remove  commis- 
sioners, and,  from  time  to  time,  appoint  others  in  place  of  such  as 
may  be  removed,  or  refuse,  neglect,  or  are  unable  from  any  cause 
to  serve. 

Sec.  13.  The  land  required  to  be  taken  for  the  making,  open- 
ing, widening,  straightening  or  altering  any  street,  alley  or  other 
highway,  or  public  ground  or  square,  shall  not  be  appropriated  un- 
til the  damages  awarded  therefor,  to  any  owner  thereof,  under  this 


24 


CITY  CHARTER 


act,  shall  be  paid  or  tendered  to  such  owner  or  his  agent;  or  in 
case  such  owner  or  his  a^ent  cannot  be  found  within  the  city,  de- 
posited to  his  or  their  credit  in  some  safe  place  of  deposit  other 
than  the  hands  of  the  treasurer,  and  then,  and  not  before,  such 
lands  may  be  taken  and  appropriated  for  the  purpose  required  in 
making  such  improvements,  and  such  streets,  alleys  or  other  high- 
ways or  public  grounds  may  be  made  and  opened. 

Sec.  14.  "When  the  whole  of  any  lot  or  parcel  of  land  or  other 
premises,  under  lease  or  other  contract,  shall  be  taken  for  any  of 
the  purposes  aforesaid,  by  virtue  of  this  act,  all  the  covenants,  con- 
tracts and  engagements  betAveen  landlord  and  tenant,  or  any  other 
contracting  parties,  touching  the  same  or  any  part  thereof,  shall, 
upon  the  confirmation  of  the  report  of  the  commissioners,  respect- 
ively cease  and  be  absolutely  discharged. 

Sec.  15.  When  part  only  of  any  lot,  parcel  of  land,  or  other 
premises,  so  under  lease  or  contract,  shall  be  taken  for  any  of  the 
purposes  aforesaid,  by  virtue  of  this  act,  all  the  covenants,  con- 
tracts, agreements  and  engagements  respecting  the  same,  upon  the 
confirmation  of  the  report  of  the  commissioners,  shall  be  absolutely 
discharged,  as  to  that  part  thereof  so  taken,  but  shall  remain  valid  as 
to  the  residue  thereof;  and  the  rents,  consideration  and  payments 
reserved,  payable  and  to  be  paid  for  or  in  respect  to  the  same,  shall 
be  so  proportioned  as  that  the  part  thereof  justly  and  equitably 
payable  for  such  residue  thereof  and  no  more,  shall  be  paid  or  re- 
coverable in  any  respect  of  the  same. 

Sec.  16.  Any  person  interested  may  appeal  from  any  final  or- 
der of  the  city  council  for  opening,  altering,  widening  or  straight- 
ening any  street,  alley  or  other  highway  or  public  ground,  to  the 
circuit  court  of  Sangamon  county,  by  notice  in  writing  to  the  may- 
or, at  any  time  before  the  expiration  of  twenty  days  after  the  pas- 
.sage  of  said  final  order.  In  case  of  appeal,  the  city  council  shall 
make  a return  within  thirty  days  after  notice  thereof,  and  the 
•court  shall,  at  the  next  term  after  return  filed  in  the  office  of  the 
clerk  thereof,  hear  and  determine  such  appeal,  and  confirm  or  an- 
nul the  proceedings,  from  wdiich  judgment  no  appeal  or  writ  of 
error  shall  lie.  Upon  the  trial  of  the  appeal,  all  questions  involved 
in  said  proceedings,  including  the  amount  of  damages,  shall  be 
-open  to  investigation  by  affidavit  or  oral  testimony  adduced  to  the 
court ; or  upon  application  of  the  city  or  any  party,  the  amount  of 
■damages  may  be  assessed  by  a jury  in  said  court,  wdthout  formal 
pleadings,  and  judgment  rendered  accordingly;  and  the  burden  of 
the  proof  shall,  in  all  cases,  be  upon  the  city  to  show  that  the  pro- 
ceedings are  in  conformity  with  this  act. 


ASSESSMENTS  FOR  PUBLIC  IMPROVEMENTS* 


25 


Sec.  17.  In  all  cases  where  there  is  no  agreement  to  the  con- 
trary, the  owner  or  landlord,  and  not  the  tenant  or  occupant,  shall 
be  deemed  the  person  who  shall  and  ought  to  pay  and  bear  every 
assessment  made  for  the  expense  of  any  public  improvement. 
Where  any  such  assessment  shall  be  made  upon  or  paid  by  any 
jDerson,  when,  by  agreement  or  by  law,  the  same  ought  to  be 
borne  or  paid  by  any  other  person,  it  shall  be  lawful  for  one  so  pay- 
ing to  sue  for  and  recover  of  the  persons  bound  to  pay  the  same, 
the  amount  so  paid,  with  interest.  Nothing  herein  contained  shall, 
in  any  way,  impair  or  affect  any  agreement  between  landlord  and 
tenant,  or  other  person,  respecting  the  payment  of  such  assessments. 

Sec.  18.  The  city  council  may,  by  ordinance,  make  any  changes 
they  may  deem  advisable  in  the  proceedings  herein  prescribed,  for 
ascertaining  the  damages  and  injury  occasioned  to  any  person,  or 
real  estate,  by  reason  of  the  condemnation  of  such  real  estate,  or 
any  real  estate  upon  which  any  buildings  may  be  situated,  in  whole 
or  in  part,  and  the  assessment  of  such  damages  and  injury  upon 
persons  or  real  estate  benefitted  by  the  improvement,  and  in  all 
such  other  respects  as  experience  may  suggest. 

Sec.  19.  When  any  known  owner,  or  other  person  having  an 
interest  in  any  real  estate,  residing  in  the  city  or  elsewhere,  shall 
be  an  infant,  and  any  proceedings  shall  be  had  under  this  act,  the 
judge  of  the  circuit  court  of  Sangamon  county,  the  county  judge 
of  said  county,  or  any  judge  of  the  supreme  court,  may,  upon  the 
application  of  the  citj)  council,  or  such  infant  or  his  next  friend, 
appoint  a guardian  for  such  infant,  taking  security  from  such  guar- 
dian for  the  faithful  execution  of  such  trust,  and  all  notices  and 
summons  required  by  this  act  shall  be  served  on  suchjguardian. 


ARTICLE  VIII. 

PUBLIC  IMPROVEMENTS  AND  ASSESSMENTS  THEREFOR. 

Section  1.  The  city  council  shall  have  power,  from  time  to 
time,  to  cause  any  street,  alley  or  other  highway  to  be  graded,  re- 
graded, levelled,  paved  or  planked,  and  keep  the  same  in  repair, 
and  alter  and  change  the  same. 

Second — To  cause  side  and  cross  walks,  main  drains  and  sewers, 
and  private  drains  to  be  constructed  and  laid,  relaid,  cleansed  and 
repaired,  and  regulate  the  same. 

Third — To  grade,  improve,  protect  and  ornament  any  public 
square,  or  other  public  ground,  now  or  hereafter  laid  out. 

4 


26 


CITT  CHARTER. 


Fourth — The  city  council  shall  have  power  to  assess  and  collect 
of  the  owners  of  lots  or  real  estate  on  any  street,  |or  other  highway, 
or  any  part  thereof,  in  the  same  manner  as  other  city  taxes,  or  in 
such  manner  as  may  be  prescribed  by  ordinance,  for  the  purpose  of 
grading,  paving  or  planking  such  street  or  other  highway : Pro- 
vided^ that  such  tax  shall  not  exceed  five  mills  per  annum  of  the 
value  of  the  property  assessed. 

Sec.  2.  That  for  the  purpose  of  establishing  a system  of  sewer- 
age and  drainage,  the  city  council  may  have  power  to  cause  the 
city  to  be  laid  off  into  districts,  to  be  drained  by  principal  and  lat- 
eral or  tributary  sewers  or  drains,  having  reference  to  a general 
plan  of  drainage,  by  sewers  and  drains  for  the  whole  city,  and 
number  and  record  the  same. 

Sec.  3.  That  whenever  a majority  in  number  of  the  owners  of 
real  estate  within  any  district  shall  petition  the  city  council  for  the 
construction  of  such  drains  or  sewers  in  such  district,  the  city 
coucil  shall  have  power  to  levy  and  collect  a special  tax  on  the  real 
estate  within  the  district  so  drained,  and  not  to  exceed  five  mills 
to  the  dollar,  per  annum,  on  the  assessed  value  thereof,  for  the 
purpose  of  constructing  such  sewers  and  drains ; which  tax  shall 
be  annually  levied  and  collected  as  other  city  taxes  by  law,  and 
shall  constitute  a lien  on  the  real  estate  in  the  district  in  which  it 
is  assessed ; and  the  city  council  shall  have  power  to  provide  for 
the  construction  and  letting  of  such  sewers  and  drains,  or  such  parts 
thereof  as  they  shall  deem  necessary,  and  may  from  time  to  time 
extend,  enlarge  or  alter  the  same,  upon  such  terms  and  conditions 
as  they  shall  deem  necessary ; and  the  city  council  shall  have  pow- 
er to  borrow  money  for  the  construction  of  such  sewers  and  drains, 
payable  in  principal  and  interest  from  the  special  tax  collected  in 
such  districts,  or  the  city  council  may  apportion  the  estimated  cost 
of  such  drains  and  sewers,  and  collect  the  same  by  a series  of  an- 
nual assessments.  But  no  ordinance  creating  such  debt,  special 
tax  or  apportionment  shall  be  repealed  or  altered  until  the  debt 
created  thereby  shall  have  been  paid. 

Sec.  4.  All  owners  or  occupants  of  lots  or  lands,  in  front  of, 
adjoining  or  upon  whose  premises  the  city  council  shall  order  and 
direct  sidewalks  or  private  drains,  communicating  with  any  main 
drain,  to  be  constructed,  graded,  repaired,  relaid  or  cleansed,  or 
shall  declare  any  such  land  or  lots  to  be  nuisances,  and  order  the 
same  to  be  graded,  filled  up  and  drained,  or  otherwise  improved, 
shall  make,  grade,  repair  or  relay  such  sidewalk,  or  make,  repair  or 
cleanse  such  private  drain,  or  grade,  fill  up,  drain  or  otherwise  im- 
prove such  lot  or  land  at  their  own  cost  and  charges,  within  the 
time  and  in  the  manner  prescribed  by  ordinance  or  otherwise ; and 


COLLECTION  OP  TAXES. 


27 


if  not  done  within  the  time  and  in  the  manner  prescribed,  the  city 
council  may  cause  the  same  to  be  constructed,  repaired,  relayed, 
cleansed,  filled  up,  graded,  drained,  or  otherwise  improved,  and  as- 
sess the  expense  thereof,  by  an  order  to  be  entered  in  their  pro- 
ceedings, upon  the  lots  and  land  respectively,  and  collect  the  same 
by  warrant  and  sale  of  the  premises,  as  in  other  cases.  A suit 
may  also  be  maintained  against  the  owner  or  occupant  of  such 
premises,  for  the  recovery  of  such  expenses,  as  for  money  paid  and 
laid  out  to  his  use  at  his  request. 

Sec.  5.  In  all  cases  where  expenses  may  be  incurred  in  the  re- 
moval of  any  nuisance,  the  city  council  may  cause  the  same  to  be 
assessed  against  the  real  estate  chargeable  therewith,  in  the  same 
manner  prescribed  in  the  foregoing  section.  Such  expenses  may 
be  likewise  collected  of  the  owner  or  occupant  of  such  premises,  in 
a suit  for  money  expended  to  his  or  their  use;  and  in  case  the  same 
should  not  be  chargeable  to  any  real  estate,  suit  may  in  like  man- 
ner be  brought  for  such  expenses  against  the  author  of  such  nui- 
sance, if  known,  or  any  person  whose  duty  it  may  be  to  remove  or 
abate  the  same. 

Sec.  6.  The  city  council  shall  have  power  to  compel  the  owners 
of  lots  or  ground,  fronting  or  adjoining  any  private  or  public  alley, 
to  keep  the  same  clean,  and,  if  necessary,  to  direct  the  same  to  be 
paved,  planked  or  otherwise,  and  the  costs  thereof  to  be  assessd 
and  collected  in  the  same  manner  as  sidewalk  assessments. 


ARTICLE  IX. 

COLLECTION  OF  TAXES  AND  ASSESSMENTS. 

Section  1.  The  city  council  shall  have  power  by  ordinance  to 
prescribe  the  form  of  assessment  lists,  and  prescribe  the  duties  and 
define  the  powers  of  assessors.  They  may  also  make  such  rules 
and  give  such  directions  in  ralation  to  revising,  altering  or  adding 
to  the  lists  as  they  may  deem  proper  and  expedient. 

Sec.  2.  The  annual  assessment  lists  shall  be  returned  by  the 
assessor  on  or  before  the  first  Monday  in  August  in  each  year,  but 
the  time  may  be  extended  by  order  of  the  city  council.  On  the  return 
thereof,  the  city  council  shall  fix  a day  for  hearing  objections 
thereto-,  and  the  clerk  shall  give  notice  of  the  time  and  place  of 
such  hearing,  by  publication  in  the  newspaper  publishing  the  or- 
dinances of  the  city ; and  any  person  feeling  aggrieved  by  the  as- 
sessment of  his  property,  may  appear  at  the  time  specified  and 


28 


CITY  CHAKTEK. 


make  his  objections.  The  city  council  shall  have  power  to  supply 
omissions  in  said  assessment  lists,  and,  for  the  purpose  of  equal- 
izing the  same,  to  alter,  add  to,  take  from,  and  otherwise  correct 
and  revise  the  same,  or  to  refer  the  same  back  to  the  assessor,  with 
instructions  to  revise  and  correct  the  same. 

Sec.  3.  When  the  assessment  lists  have  been  corrected  and  re- 
vised, the  same  shall  be  filed,  and  an  order  confirming  the  same  and 
directing  the  warrant  to  be  issued  for  the  collection  thereof  shall 
be  entered  by  the  clerk.  The  city  council  shall  thereupon,  by  an 
ordinance  or  resolution,  levy  such  sum  or  sums  of  money  as  may  be 
sufficient  for  the  several  purposes  for  which  taxes  are  herein  author- 
ized to  be  levied,  not  exceeding  the  authorized  per  centage,  partic- 
ularly specifying  the  purposes  for  which  the  same  are  levied,  and 
if  not  for  general  pui’poses,  the  division  of  the  city  upon  which  the 
same  are  laid. 

Sec.  4.  All  taxes  and  assessments,  general  or  special,  levied  or 
assessed  by  the  city  council  under  this  act,  or  any  ordinance  in  pur- 
suance thereof,  shall  be  a lien  upon  the  real  estate  upon  which  the 
same  may  be  imposed,  voted  or  assessed  for  two  years  from  and  af- 
ter the  corrected  assessment  lists  shall  be  confirmed,  or  the  passage 
of  the  order  for  assessment,  and  on  personal  estate,  from  and  after 
the  delivery  of  the  warrant  for  the  collection  thereof  until  paid, 
and  no  sale  or  transfer  shall  affect  the  lien.  Any  personal  proper- 
ty belonging  to  the  debtor  may  be  taken  and  sold  for  the  payment 
of  taxes  on  real  or  personal  estate,  and  the  real  estate  shall  be  lia- 
ble for  the  taxes  on  personal  estate  in  case  of  removal,  or  when  the 
tax  cannot  be  made  out  of  the  personal  estate,  in  the  same  manner 
as  is  prescribed  by  the  laws  of  the  State : * Provided,  that  in  case 
the  collection  of  any  assessment  shall  be  delayed  by  injunction, 
or  other  judicial  proceedings,  the  same  shall  continue  a lien,  unless 
set  aside,  upon  the  real  estate,  for  the  period  of  two  years  from 
and  after  the  final  disposition  of  such  injunction  or  other  judicial 
proceeding. 

Sec.  5.  The  clerk  shall  issue  a warrant  or  warrants  for  the 
taxes,  and  rule  therein  separate  columns,  in  which  the  taxes  levied 
shall  be  respectively  set  down  opposite  the  name  of  the  person  or 
such  real  estate  subject  thereto.  Each  column  shall  be  headed  with 
the  name  of  the  tax  therein  set  down. 

^ “Personal  property  shall  be  liable  for  taxes  levied  on  real  property,  and  real  property 
shall  be  liable  for  taxes  levied  on  personal  property ; but  the  tax  on  personal  property 
shall  not  be  charged  against  real  property,  except  in  cases  of  removals,  or  where  said  tax 
cannot  be  made  out  of  the  personal  property ; but  the  collector  may  in  all  cases  sell  personal 
property  for  taxes  due  on  real  property.” — An  Act  regulating  the  collection  of  the  Revenue, 
Lews  of  1853,  page  103. 


COLLEOTIOl^  OF  TAXES. 


29 


Sec.  6.  All  warrants  issued  for  the  collection  of  general  or 
special  taxes  and  assessments  shall  be  signed  by  the  mayor  and 
clerk  with  the  corporate  seal  thereto  attached,  and  shall  contain 
true  and  perfect  copies  of  the  corrected  assessment  lists  upon  which 
the  same  may  he  issued.  They  shall  be  delivered  to  the  collector 
for  collection  Avithin  thirty  days  after  the  filing  of  the  corrected 
lists,  unless  further  time  for  this  purpose  shall  be  given  by  the  city 
council.  If  not  otherwise  paid,  the  collector  shall  have  power  to 
collect  said  taxes  with  interest  and  costs,  by  suit  in  the  corporate 
name,  or  by  distress  and  sale  of  personal  property  as  aforesaid,  af- 
ter a demand  and  refusal  to  pay  the  same  : Provided,  a notice 
published  by  the  collector  for  ten  days  in  the  newspaper  printing 
the  ordinances  of  the  city,  shall  be  deemed  a demand,  and  a neglect 
to  pay  taxes  for  twenty  days  thereafter  shall  be  deemed  a refusal. 
The  assessor’s  list  shall  in  all  cases  be  evidence  on  the  part  of  the 
city  corporation. 

Sec.  7.  All  taxes  and  assessments,  general  or  special,  shall  be 
collected  by  the  collector  in  the  same  manner  and  with  the  same 
pOAver  and  authority  as  is  given  by  law  to  collectors  of  county  and 
State  taxes.  He  shall  pay  the  same  as  fast  as  collected  into  the 
city  treasury,  and  his  duty  in  regard  to  returning  Avarrants  and 
settling  Avith  the  city,  and  his  liabilities  in  case  of  default  or  mis- 
conduct shall  be  the  same  as  prescribed  by  law : Provided,  the  city 
council  shall  have  poAver  to  prescribe  the  powers,  duties  and  liabil- 
ities of  collectors  by  ordinance. 

Sec.  8.  In  case  of  the  non-payment  of  any  taxes  or  assessments 
levied  or  assessed  under  this  act,  the  premises  may  be  sold  for  the 
payment  thereof  at  any  time  Avithin  two  years  after  the  confirmation 
of  the  assessment  by  the  city  council.  Before  any  such  sale  an 
order  shall  be  made  by  the  city  council,  which  shall  be  entered  at 
large  in  the  journals  or  record  kept  by  the  clerk,  directing  the  col- 
lector to  sell,  particularly  describing  the  delinquent  premises  to  be 
sold,  and  the  assessment  for  which  the  sale  shall  be  made,  a certi- 
fied copy  of  which  order  under  the  corporate  seal,  signed  by  the 
mayor  or  presiding  ofiicer  and  clerk,  shall  be  delivered  to  the  col- 
lector, which,  together  with  the  warrant  shall  constitute  the  process 
upon  which  such  sale  may  be  made. 

Sec.  9.  The  collector  shall  then  advertise  such  premises  in  the 
neAVspaper  publishing  the  ordinances  of  the  city,  for  sale,  at  least 
thirty  days  from  and  after  the  first  publication  of  such  notice,  des- 
cribing the  premises  by  figures  or  otherwise,  with  the  name  of  the 
owner  (when  known,)  and  the  several  amounts  of  the  taxes  and  as- 
sessments thereon  and  costs.  Said  notice  shall  also  contain  the 
time  and  place  of  Sale,  and  shall  be  published  at  least  four  times. 


30 


CITY  CHARTER. 


The  proceedings  may  be  stopped  at  any  time  on  the  payment  of 
the  taxes  or  assessment  and  interest,  with  expenses  of  advertising. 

Sec.  10.  All  sales  shall  be  conducted  in  the  manner  required 
by  law,  but  the  city  council  shall  have  power  to  prescribe  the  man- 
ner of  conducting  the  same.*  The  sale  shall  be  made  for  the  small- 
est portion  of  ground,  to  be  taken  from  the  east  side  of  the  premi- 
ses, for  which  any  person  will  take  the  same,  and  pay  the  taxes  or 
assessments  thereon,  with  interest  and  costs  of  sale.  Duplicate 
certificates  of  sale  shall  be  made  and  subscribed  by  the  collector, 
one  of  which  shall  be  delivered  to  the  pui'chaser,  and  the  other  filed 
in  the  office  of  the  clerk ; which  certificate  shall  contain  the  name 
of  the  pui'chaser,  a description  of  the  premises  sold,  the  amount  of 
taxes  or  assessments,  with  the  interest  and  expenses  for  which  the 
same  was  sold,  and  the  time  when  the  right  to  redeem  will  expire. 
The  collector  shall  be  allowed  the  same  fees  for  sellino:  as  are  al- 
lowed  by  law  for  similar  services,  or  his  fees  may  be  regulated  by 
ordinance.  The  clerk  shall  keep  a record  of  such  sales,  which  shall 
be  open  to  public  inspection  at  all  reasonable  times. 

Sec.  11.  The  right  of  redemption  in  all  cases  of  sales  for  taxes 
or  assessments  shall  exist  to  the  owner,  his  heirs,  creditors  or  as- 
signs, to  the  same  extent  as  is  allowed  by  law  in  cases  of  sales  of 
real  estate  for  taxes,  on  the  payment  in  specie  of  double  the  amount 
for  which  the  same  was  sold,  and  all  taxes  accruing  subsequent  to 
the  sale  with  interest.  If  the  real  estate  of  any  infsnit,  feme  covert, 
or  lunatic,  be  sold  under  this  act,  the  same  may  be  redeemed  at  any 
time  within  one  year  after  such  disability  is  removed.  In  case  of 
redemption,  the  money  may  be  paid  to  the  pui’chaser,  or  for  him  to 
the  city  clerk,  who  shall  make  a special  deposite  thereof  with  the 
treasurer,  taking  his  receipt  therefor.  If  not  redeemed  according 
to  law,  the  city  council  shall,  upon  the  return  of  the  certificate,  or 
proof  of  its  loss,  direct  a deed  to  be  executed  to  the  pui'chaser^  un- 
der the  corporate  seal,  signed  by  the  mayor  or  presiding  officer  of 
the  city  council,  and  countersigned  by  the  clerk,  conveying  to  such 
purchaser  the  premises  so  sold  and  unredeemed  as  aforesaid.  An 
abstract  of  all  deeds  so  made  and  delivered  shall  be  entered  by  the 
clerk  in  the  book  wherein  tax  sales  are  recorded.  A fee  of  one 
dollar  may  be  charged  by  the  clerk  for  any  deed  so  issued. 

Sec.  12.  The  assignee  of  any  tax  certificate  of  any  premises 
sold  for  taxes  or  assessments  under  authority  of  the  city,  shall  be 


^ Under  the  powers  conferred  by  the  1st,  7th  and  10th  sections  of  this  article,  the  city 
council  has  prescribed^by  ordinance  the  duties,  powers  and  liabilities  of  the  assessor  and 
collector,  and  the  manner  of  conducting  sales  for  taxes.  See  ordinance  in  relation  to  taxes, 
Posfc^  Chap.  32. 


COLLECTION  OF  TAXES. 


81 


entitled  to  receive  a deed  of  such  premises  in  his  own  name,  and 
with  the  same  effect  as  though  he  had  been  the  original  purchaser. 

Sec.  13.  If  at  any  sale  of  real  or  personal  estate  for  taxes  or 
assessments,  no  bid  shall  be  made  for  any  parcel  of  land,  or  any 
goods  and  chattels,  the  same  shall  be  struck  off  to  the  city,  and 
thereupon  the  city  shall  receive  in  the  corporate  name  a certificate 
of  the  sale  thereof,  and  shall  be  vested  with  the  same  rights  as  oth- 
er purchasers  at  such  sales. 

Sec.  14.  All  deeds  made  to  purchasers  of  lots  sold  for  taxes  or 
assessments  by  order  of  the  city  council,  shall  be  prima  facie  evi- 
dence in  all  controversies  and  suits  in  relation  to  the  right  of  the 
purchaser,  his  heirs  or  assigns,  to  the  premises  thereby  conveyed, 
of  the  following  facts  : 

First — That  the  land  or  lot  conveyed  was  subject  to  taxation  or 
assessment  at  the  time  the  same  was  advertised  for  sale,  and  had 
been  listed  and  assessed  in  the  time  and  manner  required  by  law. 

Second — That  the  taxes  or  assessments  were  not  paid  at  any  time 
before  the  sale. 

Third — That  the  land  conveyed  had  not  been  redeemed  from  the 
sale  at  the  date  of  the  deed : and  shall  be  conclusive  evidence  of 
the  following  facts : 

First — That  the  land  or  lot  was  advertised  for  sale  for  the  length 
of  time  and  in  the  manner  required  by  law'. 

Second — That  the  land  was  sold  for  taxes  or  assessments,  as 
stated  in  the  deed. 

Third — That  the  grantor  in  the  deed  was  the  purchaser. 

Fourth — That  the  sale  was  conducted  in  the  manner  required  by 
law ; and  in  all  controversies  and  suits  involving  the  title  to  land 
claimed  and  held  under  and  by  virtue  of  such  deed,  the  person  or 
persons  claiming  title  adverse  to  the  title  conveyed  by  such  deed, 
shall  be  required  to  prove  in  order  to  defeat  the  said  title,  either 
that  the  land  was  not  subject  to  taxation  at  the  date  of  the  sale, 
that  the  taxes  or  assessments  had  been  paid,  that  the  said  land  had 
never  been  listed  or  assessed  for  taxation  or  assessment,  or  that  the 
same  had  been  redeemed  according  to  the  provisions  of  the  act,  and 
that  such  redemption  was  made  for  the  use  and  benefit  of  the  per- 
sons having  the  right  of  redemption  under  the  laws  of  the  State ; 
but  no  person  shall  be  permitted  to  question  the  title  acquired  by 
the  said  deed,  without  first  showing  that  he,  she  or  they,  or  the 
person  under  whom  he,  she  or  they  claim  title,  had  title  to  the  land 
at  the  time  of  the  sale,  or  that  the  title  was  obtained  from  the  Uni- 
ted States  or  this  State  after  the  sale,  and  that  all  taxes  due  upon 
the  lands  have  been  paid  by  such  persons,  or  the  person  under 
whom  he  claims  title  as  aforesaid. 


32 


CITY  CHARTER. 


ARTICLE  X. 

FIRE  DEPARTMENT. 

Section  1.  The  city  council  for  the  purpose  of  guarding  against 
the  calamities  of  fire,  shall  have  power  to  prohibit  the  erection,  plac- 
ing, or  repairing  of  wmoden  buildings  within  the  limits  prescribed 
by  them  without  their  permission,  and  direct  and  prescribe  that  all 
buildings  within  the  limits  prescribed  shall  be  made  or  constructed 
of  fire-proof  materials,  and  to  prohibit  the  rebuilding  or  repairing 
of  wooden  buildings  within  the  fire  limits,  when  the  same  shall  have 
been  damaged  to  the  extent  of  fifty  per  cent,  of  the  value  thereof, 
and  to  prescribe  the  manner  of  ascertaining  such  damage.  To  de- 
clare all  dilapidated  buildings  to  be  nuisances,  and  to  direct  the 
same  to  be  repaired,  removed,  or  abated  in  such  manner  as  they 
shall  prescribe  and  direct ; to  declare  all  wooden  buildings  within 
the  fire  limits  which  they  may  deem  dangerous  to  contiguous  build- 
ings, or  in  causing  or  promoting  fires,  to  be  nuisances,  and  to  re- 
quire and  cause  the  same  to  be  removed  or  abated  in  such  manner 
as  they  shall  prescribe. 

Sec.  2.  The  city  council  shall  have  power — 

First — To  regulate  the  construction  of  chimneys  and  flues  so  as 
to  admit  of  chimney  sweeps  or  other  mode  of  cleaning,  and  to  com- 
pel the  sweeping  and  cleaning  of  chimneys. 

Second — To  prevent  and  prohibit  the  dangerous  construction  and 
condition  of  chimneys.  Hues,  fire-places,  stove-pipes,  ovens,  or  any 
other  apparatus  used  in  or  about  any  building  or  manufactory,  and 
to  cause  the  same  to  be  removed  or  placed  in  a secure  and  safe  con- 
dition when  considered  dangerous. 

Third — To  prevent  the  deposit  of  ashes  in  unsafe  places,  and  to 
appoint  one  or  more  officers  to  enter  into  all  buildings  and  enclos- 
ures, to  examine  and  discover  "whether  the  same  are  in  a dangerous 
state,  and  to  cause  such  as  may  be  dangerous  to  be  put  in  safe 
condition. 

Fourth — To  require  the  inhabitants  to  provide  as  many  fire-buck- 
ets, and  in  such  manner  and  time  as  they  shall  prescribe,  and  to 
regulate  the  use  thereof  in  times  of  fire,  and  to  require  all  owners 
and  occupants  of  buildings  to  construct  and  keep  in  repair  wells  or 
cisterns  upon  their  premises. 

Fifth — To  regulate  and  prevent  the  carrying  on  of  manufactories 
and  works  dangerous  in  promoting  or  causing  fires. 

Sixth — To  regulate,  prevent,  and  prohibit  the  use  of  fireworks 
and  fire-arms. 


FIRE  DEPARTMENT. 


33 


Seventh — To  direct  and  prohibit  the  management  of  houses  for 
the  storing  of  gunpowder,  and  other  combustible  and  dangerous 
materials  Avithin  the  city ; to  regulate  the  keeping  and  conveying 
of  the  same,  and  the  use  of  candles  and  other  lights  in  stables  and 
other  like  houses. 

Eighth — To  regulate  and  prescribe  the  manner,  and  order  the 
building  of  parapet  and  partition  walls,  and  of  partition  fences. 

Ninth — To  compel  the  oivners  or  occupants  of  houses  or  other 
buildings,  to  have  scuttles  in  the  roofs,  and  stairs  or  ladders  leading 
to  the  same. 

Tenth — To  authorize  the  mayor,  fire  wardens,  or  other  officers  of 
said  city,  to  keep  away  from  the  vicinity  of  any  fire  all  idle  and 
suspicious  persons,  and  to  compel  all  officers  of  the  city  and  all 
other  persons  to  aid  in  the  extinguishment  of  fires,  and  in  the  pre- 
servation of  property  exposed  to  danger  thereat,  and  in  preventing- 
goods  from  being  stolen. 

Eleventh — And  generally  to  establish  such  regulations  for  the 
prevention  and  extinguishment  of  fires  as  the  city  council  may 
deem  expedient. 

Sec.  3.  The  city  council  may  procure  fire  engines,  and  all 
other  apparatus  used  for  the  extinguishment  of  fires,  and  have  the 
charge  and  control  of  the  same,  and  provide  fit  and  secure  houses 
and  other  places  for  keeping  and  preserving  the  same ; and  shall 
have  poAver — 

First — To  organize  fire,  hook,  hose,  axe,  and  ladder  companies. 

Second — To  appoint  during  their  pleasure,  a competent  num- 
ber of  able  and  reputable  inhabitants  of  the  city  firemen,  to  take 
the  care  and  management  of  the  engines  and  other  apparatus  and 
implements  used  and  provided  for  the  extinguishment  of  fires. 

Third — To  prescribe  the  duties  of  firemen,  and  to  make  rules 
and  regulations  for  their  government,  and  to  impose  reasonable 
penalties  upon  them  for  a violation  of  the  same,  and  for  incapacity, 
neglect  of  duty,  or  misconduct  to  remove  them. 

Fourth — The  city  council  shall  have  power  to  appoint  a chief 
and  assistant  enginee-rs  of  the  fire  department,  and  they  with  the 
other  firemen  shall  take  the  care  and  management  of  the  engines 
and  other  apparatus  and  implements  provided  and  used  for  the 
extinguishment  of  fires,  and  their  poAvers  and  duties  shall  be  pre- 
scribed and  defined  by  the  city  council. 

Sec.  4.  The  members  of  the  city  council  and  firemen,  shall 
during  their  terms  of  service  as  such,  be  exempted  from  serving  on 
juries,  in  the  militia,  or  working  on  the  streets,  or  paying  any  tax 
for  the  same.  The  name  of  each  fireman  shall  be  registered  with 
the  clerk  of  the  city,  and  the  evidence  to  entitle  him  to  the  exemp- 


34 


CITY  CHARTER. 


tion  provided  in  this  section,  shall  he  the  certificate  of  the  clerk 
under  the  corporate  seal,  for  the  year  in  which  exemption  is  claimed. 


ARTICLE  XI. 

BOARD  OF  HEALTH. 

Section  1.  The  board  of  health  shall  consist  of  three  or  more 
commissioners,  to  be  appointed  annually  by  the  city  council ; and 
the  mayor  or  presiding  officer  of  the  city  council  shall  be  president 
of  the  board,  and  the  city  clerk  shall  be  their  clerk  and  keep  min- 
utes of  its  proceedings. 

Sec.  2.  It  shall  be  the  duty  of  health  officers  to  visit  every  sick 
person  who  may  be  reported  to  them  as  hereinafter  provided,  and 
to  report  with  all  convenient  speed  their  opinion  of  the  sickness  of 
such  person  to  the  clerk  of  the  board,  and  to  visit  and  inspect  all 
houses  or  places  in  which  they  may  suspect  any  person  to  be  con- 
fined with  any  pestilential  or  infectious  disease,  or  to  contain  un- 
sound provisions,  or  damaged  or  putrid  animal  or  vegetable  matter, 
or  other  unwholesome  articles,  and  to  make  report  of  the  state  of 
the  same  with  all  convenient  speed  to  the  clerk  of  the  board. 

Sec.  3.  All  persons  in  the  city  not  residents  thereof,  who  may 
be  infected  with  any  pestilential  or  infectious  disease,  or  all  things 
which  in  the  opinion  of  the  board  shall  be  infected  by  or  tainted 
with  pestilential  matter,  and  ought  to  be  removed  so  as  not  to  en- 
danger the  health  of  the  city,  shall  by  order  of  said  board  be  re- 
moved to  some  proper  place  not  exceeding  five  miles  beyond  the 
limits  of  the  city,  to  be  provided  by  the  board,  at  the  expense  of 
the  person  to  be  removed,  if  able ; and  the  board  may  order  any 
furniture  or  wearing  apparel  to  be  destroyed  whenever  they  may 
deem  it  necessary  for  the  health  of  the  city,  by  making  just  com- 
pensation. 

Sec.  4.  The  city  council  shall  have  power  to  prescribe  the  pow- 
ers and  duties  of  the  board  of  health,  and  to  punish  by  fine  or  im- 
prisonment or  both,  any  refusal  or  neglect  to  obey  the  orders  and 
regulations  of  the  board. 

Sec.  5.  The  health  officers  may  be  authorized  by  the  city  coun- 
cil when  the  public  interests  require,  to  exercise  for  the  time  being 
such  of  the  powers,  and  perform  such  of  the  duties  of  the  marshal 
or  supervisor,  as  the  city  council  may  in  their  discretion  direct,  and 
shall  be  authorized  to  enter  all  houses  and  other  places  private  or 
public,  at  all  times,  in  the  discharge  of  any  duty  under  this  act  or 
any  ordinance. 


-SCHOOLS  AND  SCHOOL  FUND. 


35 


t ^ If 


Sec.  6.  Every  person  practicing  physic  in  this  city,  who  shall 
have  a patient  laboring  under  any  malignant,  infectious,  or  pesti- 
lential disease,  shall  forthwith  make  report  thereof  in  writing  to 
the  clerk  of  the  board,  and  for  neglect  to  do  so  shall  be  considered 
guilty  of  a misdemeanor,  and  liable  to  a fine  of  fifty  dollars,  to  be 
sued  for  and  recovered  with  costs,  in  an  action  of  debt,  in  any  court 
having  cognizance  thereof,  or  before  a justice  of  the  peace,  for  the 
use  of  the  city. 


ARTICLE  XII. 

SCHOOLS  AND  SCHOOL  FUND. 

Section  1.  All  that  part  of  township  number  sixteen  north  of 
range  number  five  west  of  the  third  principal  meridian,  ^ within 
the  corporate  limits  of  the  city  of  Springfield,  with  such  other  parts 
of  said  township  as  may  be  hereafter  incorporated  with  and  come 
under  the  jurisdiction  of  said  city,  is  hereby  erected  into  a common 
school  district,  to  be  known  as  the  Springfield  School  District. 

Sec,  2.  The  school  land,  school  fund,  and  all  other  real  and  per- 
sonal estate  of  said  township  shall  be  divided  between  the  said  city 
of  Springfield,  and  the  portion  of  the  township  lying  without  the 
limits  thereof,  in  the  proportions  and  manner  following : The 

trustees  of  schools  of  said  township  shall  within  three  months  from 
the  passage  of  this  act,  appoint  two  commissioners,  who  shall  be 
respectable  householders,  one  of  whom  shall  reside  in  the  city,  and 
the  other  in  the  toivnship  without  the  city,  who  after  being  duly 
sworn  well  and  truly  to  perform  their  duties,  shall  proceed  to  ascer- 
tain as  nearly  as  may  be  the  whole  number  of  white  persons  under 
.the  age  of  twenty-one  years  residing  in  the  whole  of  said  township, 
and  the  whole  number  residing  in  said  city,  and  without  said  city 
in  the  said  township ; and  thereupon  the  said  trustees  shall  divide 
and  apportion  the  aforesaid  township  fund,  and  real  and  personal 
estate,  between  said  city  and  said  township  without  the  city,  in  the 
proportion  of  and  according  to  the  number  of  persons  aforesaid 
residing  within  the  city  and  without  the  city,  in  the  said  township 
respectively ; and  the  said  commissioners  shall  have  power  to  make 
partition  of,  and  division  of  all  the  funds  and  real  and  personal 
estate  belonging  to  the  said  township,  between  the  city  and  the 
township  without  the  city,  in  the  proportions  aforesaid,  and  having 
completed  the  same  shall  make  a full  return  of  their  proceedings  to 
the  trustees  aforesaid.  In  case  the  commissioners  shall  refuse  or 


8G 


CITY  CHARTER. 


neglect  to  perform  their  duties,  the  trustees  shall  appoint  others  in 
their  stead,  who  shall  be  chosen,  sworn,  and  perform  the  like  duties 
assigned  to  the  first  commissioners,  and  the  trustees  shall  have 
power  to  fill  vacancies  and  make  appointments  until  the  objects  of 
this  act  are  carried  into  effect. 

Sec.  3.  The  trustees  of  schools  of  said  township,  shall  upon 
such  division  partition  and  return  of  the  commissioners  being  made, 
pay  over  and  deliver  to  the  clerk  of  the  city  of  Springfield  the 
funds  and  other  personal  estate,  and  make,  execute,  and  deliver  to 
the  said  f^ity  of  Springfield,  all  necessary  deeds  and  other  convey- 
ances for  the  distributive  share  of  the  real  estate  of  said  township, 
to  Avhich  the  said  Springfield  school  district  may  he  entitled,  accord- 
ing to  the  division  and  distribution  aforesaid,  and  take  receipts  for 
the  same  from  the  clerk. 

Sec.  4.  It  shall  be  the  duty  of  the  city  council  to  cause  an 
abstract  of  the  whole  number  of  white  children  under  the  age  of 
twenty-one  years  in  the  Springfield  school  district,  to  be  furnished 
to  the  school  commissioner  of  Sangamon  county  within  ten  days 
after  the  same  shall  have  been  ascertained,  and  the  school  commis- 
sioner shall  annually  pay  to  the  clerk  of  the  city  of  Springfield  the 
proportion  of  the  school,  college,  and  seminary  fund  to  which  the 
said  Springfield  school  district  may  be  entitled  according  to  the 
number  of  persons  under  the  age  aforesaid  residing  in  said  district, 
taking  his  receipt  therefor;  but  no  abstract  shall  be  required  to  be 
returned  to  the  school  commissioner  oftener  than  is  required  by 
law  in  other  school  districts.* 

Sec.  5.  The  school  land,  school  fund,  and  other  property  of 
the  Springfield  school  district  shall  be  vested  in  the  city  of  Spring- 
field.  The  city  council  shall  have  power  at  all  times,  to  do  all  acts 
and  things  in  relation  to  said  school  lands,  school  fund,  and  other 
property  which  they  may  think  proper  to  their  safe  preservation 
and  efficient  management,  and  sell  or  lease  said  lands  and  all  other  • 
property  which  may  have  been  or  may  hereafter  be  donated  to  the 
school  fund,  on  such  terms  and  at  such  times  as  the  city  council 
may  deem  most  advantageous,  and  on  such  sale  or  lease  to  make, 
execute  and  deliver  all  proper  conveyances,  which  said  conveyan- 
ces shall  be  signed  by  the  mayor  or  presiding  oflicer,  and  counter- 
signed by  the  clerk  and  sealed  with  the  corporate  seal;  but  the  pro- 
ceeds arising  from  from  such  sales  shall  be  added  to  and  constitute 
a part  of  the  school  fund. 

For  the  particular  facts  and  information  required  in  said  return,  and  the  time  of 
making  the  same,  sec  sections  36  and  79,  of  “An  act  to  establish  and  maintain  a system 
of  Free  Schools,’’  approved  Feb.  16,  1857.  Appendix  No.  4. 


SCHOOLS  AND  SCHOOL  FUND. 


37 


Sec.  6.  Nothing  shall  he  done  to  impair  the  principal  of  said 
fund,  or  to  appropriate  the  interest  accruing  from  the  same  to  any 
other  purpose  than  the  payment  of  teachers  in  the  public  schools 
of  the  district,  and  should  there  be  any  surplus  of  interest  it  shall 
be  carried  to  and  from  a part  of  the  school  fund. 

Sec.  7.  The  city  council  shall  have  power — 

First — To  erect,  hire,  or  purchase  buildings  suitable  for  school 
houses,  and  keep  the  same  in  repair. 

Second — To  buy  or  lease  sites  for  school  houses,  with  the  neces- 
sary grounds: 

Third — To  furnish  schools  with  the  necessary  fixtures,  furniture, 
and  apparatus. 

Fourth — To  maintain,  support,  and  establish  schools,  and  supply 
the  inadequacy  of  the  school  fund  for  the  payment  of  city  teachers 
from  school  taxes. 

Fifth — To  fix  the  amount  of  compensation  to  be  allowed  to  teach- 
ers. 

Sixth — To  prescribe  the  school  hooks  to  be  used,  and  the  studies 
to  be  taught  in  the  different  schools. 

Seventh — To  lay  off  and  divide  the  city  into  smaller  school  dis- 
tricts, and  from  time  to  time  to  alter  the  same,  or  create  new  ones 
as  circumstances  may  require. 

Eighth — The  city  council  shall  be  ex  officio  inspectors  of  schools, 
but  they  may  appoint  seven  inspectors  to  be  denominated  “A  Board 
of  School  Inspectors,” — also  three  trustees  of  schools  in  each  dis- 
trict,— and  to  establish  and  prescribe  the  powers  and  duties  of  each. 

Nmth — And  generally  to  have  and  possess  all  the  rights,  powers, 
and  authority  necessary  for  the  proper  management  of  schools,  and 
the  school  lands  and  funds  belonging  to  the  said  school  district,  with 
power  to  enact  such  ordinances  as  may  he  necessary  to  carry  their 
powers  and  duties  into  effect. 

Sec.  8.  The  city  council  shall  have  power  to  appoint  a school 
agent,  who  shall  have  the  custody  and  management  of  the  money, 
securities,  and  property  belonging  to  the  school  fund  of  the  district, 
subject  to  the  direction  of  the  city  council. 

Sec.  9.  The  school  agent,  before  entering  upon  his  duties,  shall 
give  bond  in  such  amount  and  with  such  conditions  and  securities 
as  the  city  council  may  require.  His  compensation  shall  not  be 
paid  out  of  the  school  fund,  and  he  shall  be  subject  for  misconduct 
in  office  to  the  same  penalties  and  imprisonment  as  school  commis- 
• sioners  are  or  may  be  subject  to  by  law.* 

Sec.  10.  The  school  fund  shall  be  kept  loaned  at  interest  at  the 
rate  of  ten  per  cent,  per  annum,  payable  semi-annually  in  advance. 


■«  See  Sec.  73  of  State  School  Law,  approved  Feb.  10,  1867. 


38 


CITY  CHARTER. 


No  loan  shall  be  made  for  a longer  period  than  five  years,  and  all 
loans  exceeding  one  hundred  dollars  shall  be  secured  by  unincum- 
bered real  estate  of  double  the  value,  at  the  least,  of  the  sum  loaned, 
exclusive  of  the  value  of  the  perishable  improvements  thereon;  for 
sums  less  than  one  hundred  dollars,  two  good  securities  besides  the 
principal  shall  be  required : Provided^  the  city  council  shall  have 
power  to  reduce  the  rate  of  interest  by  a vote  of  two-thirds  of  all 
the  aldermen  elected. 

Sec.  11.  All  notes  and  securities  shall  be  taken  to  the  city  of 
Springfield,  for  the  use  of  the  inhabitants  of  said  city  for  school 
purposes ; and  in  that  name  all  suits,  actions,  and  every  description 
of  legal  proceedings  may  be  had. 

Sec.  12.  All  expenses  of  preparing  or  recording  securities 
shall  be  paid  exclusively  by  the  borrower. 

Sec.  13.  In  the  payment  of  debts  of  deceased  persons,  those 
due  the  school  fund  shall  be  paid  in  preference  to  all  others,  except 
expenses  attending  the  last  illness  and  funeral  of  the  deceased,  not 
including  the  physician’s  bill. 

Sec,  14.  If  default  be  made  in  the  payment  of  interest,  or  of 
the  principal  when  due,  interest  at  the  rate  of  fifteen  per  cent,  up- 
on the  same  shall  be  charged  from  the  default,  and  may  be  recov- 
ered by  suit  or  otherwise.  Suit  may  be  brought  for  the  recovery 
of  interest  only,  when  the  principal  is  not  due. 

Sec,  15.  All  judgments  recovered  for  interest  or  principal,  or 
both,  shall  respectively  bear  interest  at  the  rate  of  ten  per  cent, 
per  annum,  from  the  rendition  of  judgment  until  paid;  and  in  case 
of  the  sale  of  real  estate  thereon,  the  city  of  Springfield  may  be- 
come the  purchaser  thereof,  for  the  use  of  the  school  fund,  and 
shall  be  entitled  to  the  same  rights  given  by  law  to  other  purchas- 
ers. On  redemption,  ten  per  cent,  interest  shall  be  paid  from  the 
time  of  sale.  ' 

Sec,  16.  No  costs  made  in  the  course  of  any  judicial  proceed- 
ing in  which  the  city  of  Springfield,  for  the  use  of  the  school  fund, 
may  be  a party,  shall  be  chargeable  to  the  school  fund. 

Sec.  17.  If  the  security  of  any  loan,  should  at  any  time  before 
the  same  is  due,  become  in  the  judgment  of  the  school  agent  and 
city  council  insecure,  the  agent  shall  notify  the  person  indebted 
thereof,  and  unless  further  satisfactory  security  shall  be  forthwith 
given  by  the  debtor,  judgment  may  be  recovered  thereon  as  in  oth- 
er cases,  although  no  conditions  to  that  effect  be  inserted  in  the 
note  or  other  security. 

Sec,  18,  The  council  shall  annually  publish,  at  such  times  as 
may  be  prescribed  by  ordinance,  in  the  newspaper  publishing  the 
ordinances  of  the  city,  a statement  of  the  number  of  pupils  in- 


MISCELLANEOUS  PROVISIONS. 


89 


structed  in  the  year  preceding,  the  several  branches  of  education 
pursued  by  them,  and  the  receipts  and  expenditures  of  each  school, 
specifying  the  sources  of  such  receipts,  and  the  object  of  such  ex- 
penditures. 

Sec.  19.  The  school  tax  shall  be  paid  into  the  city  treasury, 
and  be  kept  a separate  fund  for  the  building  of  school  houses,  and 
keeping  the  same  in  repair,  and  supporting  and  maintaining  schools ; 
and  should  there  at  any  time  be  a surplus,  the  same  may  he  paid 
over  to  the  school  fund  and  form  a part  of  the  same. 

Sec.  20.  Any  person  owning  land,  or  residing  around,  or  adja- 
cent to  said  city,  within  two  miles  thereof,  may,  with  his  consent, 
he  annexed  to  said  Springfield  school  district,  and  school  tax  may 
be  levied  and  collected  upon  the  lands  and  property  of  such  per- 
son subject  to  taxation,  by  the  city  collector,  in  the  same  manner 
as  school  taxes  within  the  said  district. 


ARTICLE  XIII. 

MISCELLANEOUS  PROVISIONS. 

Section  1.  The  city  council  shall  at  least  ten  days  before  the 
annual  election  in  each  year,  cause  to  be  published  in  the  newspa- 
per publishing  the  ordinances  of  the  city,  a correct  and  full  state- 
ment of  the  receipts  and  expenditures  from  the  date  of  the  last  an- 
nual report,  together  Avith  the  sources  from  whence  the  former  are 
derived,  and  the  mode  of  disbursement,  and  also  a distinct  state- 
ment of  the  whole  amount  assessed,  received,  and  expended  in  the 
respective  Avards  and  divisions  for  making  and  repairing  streets, 
highways,  and  bridges  for  the  same  period,  together  with  such  in- 
formation as  may  be  necessary  to  a full  understanding  of  the  finan- 
cial concerns  of  the  city. 

Sec.  2.  The  inhabitants  of  the  city  of  Springfield  are  hereby 
exempted  from  working  upon  any  road  or  highway  beyond  the  lim- 
its of  the  city,  and  from  paying  the  tax  in  lieu  thereof  without 
said  limits. 

Sec.  3.  * The  supervisor  shall  demand  the  services  of  all  per- 

sons Avho  are  required  to  labor  on  the  streets  and  alleys  of  the  city, 
at  such  time  and  place,  and  in  such  manner  as  the  city  council  may 
direct,  or  the  supervisor  shall  deem  necessary.  He  shall  deliver. 


* Sco  Auto.  Art.  VI,  See.  1,  Clause  6. 


40 


CITY  CHARTER. 


or  cause  to  be  delivered  or  left  at  tlie  usual  place  of  abode  or 
business  of  any  person  so  required  to  labor  as  aforesaid,  a written 
or  printed  notice,  or  partly  written  or  printed  notice,  in  such  form 
as  the  city  council  shall  prescribe,  which  notice  shall  be  given  at 
least  five  days  previous  to  the  first  day  on  which  he  or  they  are  re- 
quired to  labor,  requiring  such  person  to  appear  at  such  time  and 
place  as  may  be  designated,  for  the  purpose  of  laboring  upon  the 
streets  and  alleys.  But  a similar  notice,  published  for  ten  days  in 
the  newspaper  publishing  the  ordinances  of  the  city,  by  the  super- 
visor, or  posted  up  in  three  of  the  public  places  of  the  ward  or 
district,  shall  be  deemed  a sufficient  notice  to  require  all  persons  to 
appear  and  labor  as  aforesaid.  Upon  the  neglect  of  any  person  to 
appear  and  labor  as  aforesaid,  or  to  pay  the  tax  in  lieu  thereof,  the 
collector  shall  collect  from  each  person,  in  the  same  manner  as  other 
taxes,  the  sum  of  three  dollars^  with  his  commission  for  collecting 
the  same  added  thereto,  or  the  same  may  be  recovered  by  suit  with 
costs,  as  in  other  cases. 

Sec.  4.  The  county  of  Sangamon  shall  be  exempt  from  the  sup- 
port of  any  citizen  of  said  city  who  may  become  a pauper,  but  the 
city  council  shall  provide  for  the  support  and  care  of  all  paupers 
belonging  to  the  said  city,  and  pass  such  ordinances  and  regula- 
tions as  they  shall  deem  proper  for  the  purposes  thereof.  The  city 
council  shall  also  provide  for  the  payment  of  all  costs  in  the  circuit 
court  of  Sangamon  county,  of  the  conviction  of  any  citizen  of  said 
city  for  any  criminal  offense,  and  the  prosecuting  attorney’s  fees, 
and  jailor’s  fees,  in  case  the  same  cannot  be  collected  from  the  of- 
fender. Or  the  city  council  may  provide  for  the  payment  to  the 
county  of  Sangamon  annually,  of  such  sum  as  will  be  a fair  pro- 
portion of  the  expenses  of  the  county,  for  the  circuit  court  of  said 
county — the  amount  to  be  ascertained  and  fixed  by  the  city  coun- 
cil and  the  county  court  of  said  county,  and  to  be  apportioned 
equitabl;y  and  justly.  In  lieu  of  the  support  of  paupers,  and  the 
payment  of  the  expenses  and  costs  aforesaid,  the  personal  proper- 
ty of  the  inhabitants  of  said  city  shall  be  exempt  from  all  tax  for 
county  purposes.* 

Sec.  5.  All  fines,  forfeitures,  and  penalties  collected  for  offen- 
ses committed  within  said  city,  shall  be  paid  into  the  treasury  of 
said  city  by  the  officers  collecting  the  same,  and  all  fines  and  for- 
feitures collected  of  any  citizen  of  said  city  for  any  conviction  in 
the  circuit  court,  shall  be  paid  over  in  like  manner. f 

^ Amended — See  Secs.  6 and  7 of  act  of  Feb.  14,  1855,  Post.  Xo.  2.  The  above  Sec.  4, 
and  also  Secs.  6 and  7,  of  act  of  Feb.  14,  1855,  are  repealed  by  Sec.  1 of  act  of  Feb.  16, 
1857,  Post.  No.  3. 

■f  Amended — See  Sec.  82  of  the  School  Law  of  the  State,  approved  Feb.  16,  1857,  where 


MISCELLANEOUS  PEOVISIONS. 


41 


Sec.  6.  The  water  course  known  as  the  Town  Branch  in  said 
city,  or  any  natural  branch  leading  thereinto,  shall  not  he  filled  up, 
altered,  or  changed,  except  in  the  manner  prescribed  by  the  city 
council ; and  the  city  council  shall  have  power  to  establish,  and  di- 
rect and  prescribe  the  manner  of  altering,  changing,  and  straight- 
ening, and  to  wall,  fill  up,  culvert  or  sewer  the  same. 

Sec.  T.  The  city  council  shall  have  power  to  cause  the  blocks 
and  lots  of  the  city  to  be  surveyed,  platted,  and  numbered  in  con- 
secutive numbers  from  one  upwards,  and  to  designate  and  number 
all  fractional  or  other  lots  or  blocks  in  such  manner  as  they  may 
prescribe  by  ordinance ; and  such  plat,  designation  and  numbers, 
when  made  and  duly  recorded,  shall  be  a good  and  valid  description 
of  said  blocks  and  lots,  or  fractional  blocks  and  lots  ; to  establish, 
mark,  and  declare  the  boundaries  and  names  of  streets  and  alleys  ; 
to  require  that  all  additions  hereafter  made  to  said  city,  or  all  lands 
adjoining  or  within  the  same,  laid  out  into  blocks  or  lots,  shall  be 
80  laid  out  and  platted  as  to  correspond  and  conform  to  the  regular 
blocks,  streets  and  alleys  already  laid  out  and  established  within 
the  city. 

Sec.  8.  The  city  council  shall  in  all  expenditures  for  purposes 
strictly  local,  expend  annually  in  the  several  natural  divisions  of 
the  city,  such  proportion  as  near  as  may  be  of  the  whole  expendi- 
tures for  like  purposes,  during  the  same  period,  as  will  correspond 
to  the  several  sums  contributed  by  each  division  to  the  general  fund. 
Street  taxes  shall  be  expended  in  the  several  wards  or  districts 
where  the  persons  paying  the  same  may  respectively  reside. 

Sec.  9.  The  supervisor,  in  addition  to  the  penalties  prescribed 
by  ordninance,  shall  for  wilful  neglect  of  duty,  be  liable  to  indict- 
ment and  fine,  in  the  same  manner  as  supervisors  under  the  laws  of 
the  state.* 

Sec.  10.  Neither  the  city  council  or  mayor  shall  remit  any 
fine  or  penalty  imposed  upon  any  person  for  a violation  of  any  laws 
or  ordinances  of  said  city,  or  release  from  confinement,  unless  two- 
thirds  of  all  the  aldermen  elected  shall  vote  for  such  release  or  re- 
mission ; nor  shall  any  thing  in  this  act  be  so  construed  as  to  oust 


it  is  provided  that  ‘‘all  fines,  penalties  and  forfeitures  imposed  or  incurred  in  any  of  the  cir- 
cuit courts  of  this  state,  or  collected  by  justices  of  the  peace  or  other  county  officers,  ex- 
cept fines  collected  in  incorporated  towns  or  cities  for  the  violation  of  the  by-laws  or  ordi- 
nances of  said  towns  or  cities,  shall  be  paid  to  the  school  commissioner  of  the  county 
where  such  fines,  penalties  and  forfeitures  have  been  collected,  and  the  same  shall  be  dis- 
tributed by  said  commissioner  in  the  same  manner  as  the  common  school  funds  of  the 
state  are  distributed.” 

*See  Sec.  40,  chap.  93,  Rev.  Stat.,  1845.  Also  Ante  Art.  IV,  sec  16. 

6 


42 


CITY  CHARTER. 


any  court  of  jurisdiction  to  abate  and  remove  nuisances  within  its 
jurisdiction,  by  indictment  or  otherwise. 

Sec.  11.  No  vote  of  the  city  council  shall  be  reconsidered  or  re- 
scinded at  a special  meeting,  unless  the  meeting  be  called  in  whole 
or  in  part  for  that  purpose,  and  the  aldermen  be  so  notified,  and 
unless  at  such  special  meeting  there  be  present  as  large  a number 
of  aldermen  as  was  present  when  the  vote  was  taken. 

Sec.  12.  The  cemetery  lots  which  may  be  laid  out  and  sold  by 
the  city  or  private  persons,  for  private  places  of  burial,  shall  with 
the  appurtenances,  forever  be  exempt  from  execution  and  attach- 
ment. 

Sec.  13.  Every  ordinance,  regulation,  and  by-law  imposing 
any  penalty,  fine,  imprisonment,  or  forfeiture  for  a violation  of  its 
provisions,  shall  after  the  passage  thereof,  be  published  three  days 
in  the  newspaper  publishing  the  ordinances  of  the  city,  and  proof 
of  such  publication  by  the  affidavit  of  the  printer  or  publisher  of 
such  newspaper,  taken  before  any  officer  authorized  to  administer 
oaths,  and  filed  with  the  clerk,  or  any  other  competent  proof  of 
such  publication,  shall  be  conclusive  evidence  of  the  legal  publica- 
tion and  promulgation  of  such  ordinance,  regulation,  or  by-law  in 
all  courts  and  places. 

Sec.  14.  All  actions  brought  to  recover  any  penalty  or  forfeit- 
ure incurred  under  this  act,  or  any  ordinance,  by-law,  or  police  reg- 
ulation made  in  pursuance  thereof,  shall  be  brought  in  the  corporate 
name.  It  shall  be  lawful  to  declare  generally  in  debt,  for  such  pen- 
alty, fine,  or  forfeiture,  stating  the  clause  of  this  act,  or  the  by-law 
or  ordinance  under  which  the  penalty  or  forfeiture  is  claimed,  and 
to  give  the  special  matter  in  evidence  under  it. 

Sec.  15.  In  all  prosecutions  for  any  violation  of  any  ordinance, 
by-law,  or  other  regulation,  the  first  process  shall  be  a summons, 
unless  oath  or  affirmation  be  made  for  a warrant  as  in  other  cases.* 

Sec.  16.  The  city  council  shall  have  power  to  designate  one 
or  more  justices  of  the  peace  in  said  city,  who  shall  have  jurisdic- 
tion in  any  actions  for  the  recovery  of  any  fine,  penalty,  or  forfeit- 
ure under  this  act,  or  any  ordinance,  by-law,  or  police  regulation, 
any  thing  in  the  laws  of  this  state  to  the  contrary  notwithstanding. 
Such  justice  shall  have  power  to  impose  fines  and  penalties,  not 
exceeding  the  amount  authorized  by  the  constitution  of  the  state. 
There  shall  be  such  local  court  of  civil  and  criminal  jurisdiction  as 
may  be  established  by  the  general  assembly  in  the  cities  of  the 
state,  in  accordance  with  the  constitution  of  the  state.  Such  court 
shall  have  jurisdiction  over  all  cases  arising  under  this  act,  or  any 


*See  Sec’s.  22  and  95  of  Chap.  59,  Rev.  Stat.  1845. 


MISCELLANEOUS  PROVISIONS. 


43 


ordinance  of  said  city  in  pursuance  thereof,  and  such  other  civil 
and  criminal  jurisdiction  as  may  be  provided  bylaw.* 

Sec.  17.  fExecution  may  be  issued  immediately  on  rendition  of 
judgment.  If  the  defendant  has  no  goods  or  chattels,  or  real  estate, 
within  the  county  of  Sangamon,  whereof  the  judgment  can  be  col- 
lected, the  execution  shall  require  the  defendant  to  be  confined  in 
the  county  jail,  or  work-house,  or  city  prison,  for  a term  not  exceed- 
ing six  months  in  the  discretion  of  the  court  rendering  judgment; 
and  all  persons  who  may  he  committed  under  this  section,  shall  be 
confined  one  day  for  each  one  dollar  of  such  judgment  and  costs. 
All  expenses  incurred  in  any  prosecution  for  the  recovery  of  any  fine, 
penalty  or  forfeiture  when  collected,  shall  be  paid  into  the  city  treas- 
ury. 

Sec.  18.  Any  person  who  shall  injure  or  destioy  any  bridge,  or 
any  public  building  or  other  property  belonging  to  the  city,  or  shall 
cause  or  procure  the  same  to  be  injured  or  destroyed,  shall  be  subject 
to  a penalty  not  exceeding  five  hundred  dollars  for  such  offence,  to 
be  recovered  by  the  city  in  an  action  of  debt,  and  may  be  imprisoned 
not  exceeding  six  months,  in  the  discretion  of  the  court  before  whom 
such  conviction  may  be  had,  and  such  person  shall  also  be  liable  in 
a civil  action  at  the  suit  of  the  city,  for  the  damages  occasioned  by 
such  injury  or  destruction. 

Sec.  19.  No  person  shall  be  an  incompetent  judge,  justice,  wit- 
ness or  juror,  by  reason  of  his  being  an  inhabitant  or  freeholder  in 
the  city  of  Springfield,  in  any  action  or  proceeding  in  which  said 
city  may  be  a party  in  interest. 

Sec.  20.  All  ordinances,  regulations,  and  resolutions  now  in 
force  in  the  city  of  Springfield,  and  not  inconsistent  with  this  act, 
shall  remain  in  force  under  this  act  until  altered,  modified  or  re- 
pealed by  the  city  council  after  this  act  shall  take  effect. 

Sec.  21.  All  rights,  actions,  fines  penalties,  and  forfeitures,  in 
suit  or  otherwise,  which  have  accrued  under  the  several  acts  consol- 
idated herein,  shall  be  vested  in  and  prosecuted  by  the  corporation 
hereby  created. 

Sec.  22.  All  property,  real,  personal  or  mixed,  belonging  to  the 
city  of  Springfield,  is  hereby  vested  in  the  corporation  created  by 
this  act,  and  the  officers  of  said  corporation  now  in  office  shall  re- 
spectively continue  in  the  same,  until  superseded  in  conformity  to 

-»  act;  for  better  government  of  towns  and  cities,  and  to  amend  the  charters 

thereof,”  approved  February  27,  1854,  Police  Magistrates’  Courts  are  established,  having 
jurisdiction  over  all  cases  arising  under  the  ordinances  of  cities,  when  the  amount  claimed 
does  not  exceed  $100.  See  Act  Appendix,  No.  3. 
t See  Ante  Art.  V.  sec.  4,  c.  42, 


44 


CITY  CHARTEK. 


the  pro'V'isions  hereof,  but  shall  be  governed  by  this  act,  which  shall 
take  effect  from  and  after  its  passage. 

Sec.  23.  All  ordinances  of  the  city,  when  printed  and  published 
by  authority  of  the  city  council,  shall  be  received  in  all  courts  and 
places  without  fui*ther  proof. 

Sec.  24.  The  style  of  all  ordinances  shall  be,  “ Be  it  ordained 
hy  the  City  Council  of  the  City  of  Springfield"’ 

Sec.  25.  Any  tract  of  land  adjoining  said  city  which  may  be 
laid  off  into  blocks  or  lots,  and  duly  platted  according  to  law,  and 
any  tract  of  land  adjoining  the  city,  with  the  consent  of  the  owner 
thereof,  shall  and  may  be  annexed  to  said  city  and  form  a part 
thereof. 

Sec.  26.  This  act  shall  not  invalidate  any  legal  act  done  by  the 
city  council  of  the  city  of  Springfield,  or  by  its  officers,  nor  divest 
their  successors  under  this  act,  of  any  rights  of  property  or  otherwise, 
or  liability,  which  may  have  accrued  to  or  been  created  by  said  cor- 
poration prior  to  the  passage  of  this  act. 

Sec.  27.  * All  officers  of  the  city  created  conservators  of  the  peace 
by  this  act  or  authorized  by  any  ordinance,  shall  have  power  to  ar- 
rest or  cause  to  be  arrested,  with  or  without  process,  all  persons  who 
shall  break  the  peace,  or  threaten  to  break  the  peace,  or  be  found 
violatinor  anv  ordinance  of  this  citv,  commit  for  examination,  and  if 
necessary,  detain  such  persons  in  custody  over  night  or  the  Sabbath, 
in  the  watch  house  or  other  safe  place,  or  until  they  can  be  brought 
before  a magistrate,  and  shall  have  and  exercise  such  other  powers 
as  conservators  of  the  peace  as  the  city  council  may  prescribe. 

Sec.  28.  Nothing  in  this  act  contained  shall  be  so  construed  as 
to  deprive  the  city  council  of  said  city  of  any  powers  or  authority 
conferred  upon  the  same  by  the  act  incorporating  said  city,  and  the 
various  acts  amendatory  thereto ; but  the  city  council  shall  possess 
and  enjoy  all  the  powers  and  authority  heretofore  conferred  upon 
the  same,  except  so  far  as  such  powers  and  authority  are  expressly 
modified  or  repealed  by  this  act,  or  the  acts  heretofore  mentioned. 

Sec.  29.  There  shall  be  a digest  of  the  ordinances  of  the  city 
which  are  of  a general  nature,  published  within  one  year  after  the 
passage  of  this  act,  and  a like  digest  within  every  period  of  five 
Years  thereafter. 

Sec.  30.  This  act  shall  be  deemed  a public  act,  and  may  be  read 
in  evidence  without  proof,  and  judicial  notice  shall  be  taken  there- 
of in  all  courts  and  places,  and  shall  take  effect  from  and  after  its 
passage. 


# 


* See  Ante.  Art.  IV,  Sec.  9. 


AMENDMENTS  TO  THE  CITY  CHAKTEE. 


No.  II. 


AN  ACT  to  amend  the  Charter  of  the  city  of  Springfield.  Approved  February  14th,  1855. 

Section  1.  Be  it  enacted  hy  the  'people  of  the  State  of  Illinois, 
represented  in  the  Greneral  Assembly,  That  in  addition  to  all  the 
territory  now  contained  within  the  limits  of  the  city  of  Springfield, 
there  shall  be  added  to  said  city  and  embraced  within  its  limits  and 
subject  to  its  ordinances  and  jurisdiction,  all  the  additional  territory 
embraced  within  the  following  boundary,  to  wit : Beginning  at  a 

point  on  the  section  line  between  section  twenty-six  and  twenty-seven, 
from  which  a line  extended  westwardly,  will  run  eighty  feet  north  of 
the  lot  owned  by  the  Illinois  State  University ; thence  westwardly 
until  a straight  line  intersects  the  east  line  of  Herndon  & Edwards' 
addition  at  a point  four  hundred  feet  north  of  the  north  line  of  Ma- 
son’s addition ; thence  around  the  line  of  Herndon  & Edwards’  ad- 
dition to  the  south-west  corner  thereof ; thence  due  south  to  the  line 
of  Erastus  Wright’s  land  ; thence  due  west  along  his  line  to  a point 
from  which  a line  drawn  due  south  will  run  two  hundred  feet  west  of 
the  west  part  of  Erastus  Wright’s  dwelling  house  ; thence  along  said 
line  to  the  centre  of  the  road  running  from  Springfield  to  Beards- 
town  by  the  fair  grounds ; thence  with  the  said  road  to  a point  op- 
posite the  west  line  of  Hutchinson’s  cemetery  lot ; thence  to  and  with 
the  said  west  line  of  said  cemetery  lot,  and  extending  the  same  in  a 
straight  line  to  the  centre  of  the  Jacksonville  road ; thence  along  the 
centre  of  the  Jacksonville  road  to  the  present  city  lines  ; thence  along 
the  present  city  line  to  the  south-east  corner  of  E.  lies’  second  ad- 
dition of  out-lots  ; thence  a straight  line  to  the  south-west  corner  of 
Barrett’s  addition ; thence  along  the  present  city  limits  to  the  sec- 
tion corner  between  sections  twenty-six  and  twenty-seven  ; thence 
northwardly  with  the  section  line  to  the  beginning. 

Sec.  2.  All  the  ordinances  of  the  city  council  of  the  city  of 
Springfield  to  restrain  and  prohibit  the  sale  or  keeping  for  sale  of 
spirituous,  vinous,  fermented  or  malt  liquors,  or  of  ale,  lager  beer, 


46 


AMENDMENTS  TO  THE  CITY  CHARTER. 


cider,  or  any  intoxicating  drink,  or  imposing  any  penalties  or  forfeit- 
ure therefor,  shall  extend  to  and  he  in  full  force  in  all  the  territory 
lying  within  three  miles  of  the  limits  of  the  city  of  Springfield,  as 
fixed  by  this  act,  and  the  city  marshal  and  police  magistrates  of  the 
city  of  Springfield,  shall  have  jurisdiction  in  all  such  cases  within 
said  three  miles  from  the  city  limits,  in  the  same  manner  as  if  the 
offence  occurred  within  the  city  of  Springfield. 

Sec.  3.  So  much  of  any  law  as  authorizes  a change  of  venue 
from  one  pohce  magistrate  to  another,  in  such  cases,  shall  within  the 
city  of  Springfield  be  repealed  and  be  of  no  force  or  effect. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Sec.  5.  The  police  justices  in  said  city  may  direct  all  processes 
issued  by  them  to  the  sheriff,  or  any  constable  of  Sangamon  county, 
or  to  the  city  marshal. 

Sec.  6.  The  real  estate  in  the  city  of  Springfield  shall  hereafter 
be  exempt  from  taxes  for  county  purposes. 

Sec.  7.  The  city  council  of  the  city  of  Springfield  shall  annually 
pay  into  the  county  treasury  of  Sangamon  county,  the  sum  of  eight 
hundred  dollars  towards  the  expenses  of  said  county. 


No.  III. 


AN  ACT  to  repeal  the  sixth  and  seventh  sections  of  an  act  entitled  ''An  act  to  amend  the 
charter  of  the  city  of  Springfield,”  approved,  February  14,  1855 , and  also  section  four  (4) 
of  article  thirteen  (13)  of  an  act  entitled  "An  act  to  reduce  the  act  incorporating  the  City 
of  Springfield,  and  the  several  acts  amendatory  thereof,  into  one  act,  and  to  amend  the 
same,”  approved  March  2d,  A.  D.,  1854.  Approved  February  16th,  1857. 


Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois, 
represented  in  the  Greneral  Assembly,  That  section  six  and  seven 
of  an  act  entitled  “ An  act  to  amend  the  charter  of  the  city  of 
Springfield,”  approved  February  14,  A.  D.,  1855;  and  section 
four  (4)  of  article  thirteen  (13)  of  an  act  entitled  ‘‘An  act  to  re- 
duce the  act  incorporating  the  city  of  Springfield  ; and  the  several 
acts  amendatory  thereof  into  one  act,  and  to  amend  the  same,” 
approved  March  2d,  A.  D.,  1854,  be  and  the  same  are  hereby  re- 
pealed : Provided,  That  the  repeal  of  said  sections  shall  not  exempt 
the  city  of  Springfield  from  the  payment  of  the  amount  now  due  to 
the  county  of  Sangamon,  as  provided  in  the  seventh  section  of  said 


AMENDMENTS  TO  THE  CITY  CHARTER. 


47 


first  amended  act , but  the  same,  or  so  much  thereof  as  remains  un- 
paid, shall  be  made  in  the  same  manner  as  if  said  section  had  not 
been  repealed. 

Sec.  2.  The  county  court  of  Sangamon  county,  may  appropriate 
a reasonable  share  of  the  public  revenue  collected  for  county  pur- 
poses for  the  improvement  of  Roads  and  Bridges  in  the  city  of  Spring- 
field,  and  leading  to  said  city. 

Sec.  3.  This  act  to  take  effect  and  be  in  force  from  and  after 
its  passage. 


No.  IV. 

AN  ACT  to  amend  an  act  entitled  ^‘An  act  to  amend  the  charter  of  the  City  of  Spring - 
field,”  approved  February  24,  A.  D.,  1855;  and  to  amend  certain  sections  of  the  said 
charter  of  the  said  city  of  Springfield.  Approved  February  18th,  1857. 

Section  1.  Be  it  enacted  hy  the  j>eople  of  the  State  of  Illinois^ 
represented  in  the  Greneral  Assembly ^ That  an  act  entitled  An  act 
to  amend  the  charter  of  the  city  of  Springfield,”  approved  Feb- 
ruary 14th,  A.  D.,  1845,  be  and  the  same  is  hereby  amended  that 
in  addition  to  all  the  territory  now  contained  within  the  limits  of  the 
city  of  Springfield,  there  shall  be  added  to  the  said  city,  and  em- 
braced within  its  limits  and  subject  to  its  ordinances  and  jurisdic- 
tion all  the  additional  territory  embraced  within  the  following 
boundaries,  to  wit : Beginning  on  the  township  line  at  the  section 

corner  between  sections  thirty-four  (34)  and  thirty-five  (35);  from 
thence  pursuing  township  line  westwardly  to  the  south-east  corner 
of  the  south-west  quarter  of  the  south-west  quarter  of  section  thirty- 
three  (33) ; thence  north  parallel  to  section  line  to  the  south-east 
corner  of  north-west  quarter  of  the  north-west  quarter  of  section 
twenty-eight  (28)  ; thence  east,  and  parallel  to  section  line  to  the 
south-east  corner  of  the  north-west  quarter  of  the  north-west  quar- 
ter of  section  twenty-six  (26) ; thence  south  parallel  to  section  line 
to  the  township  line,  and  south-east  corner  of  the  west  half  of  the 
south-west  quarter  of  section  thirty-five  (35) ; thence  west  to  the 
place  of  beginning. 

Sec.  2.  So  much  of  section  two  and  four  of  article  second  of  the 
charter  of  Springfield,  approved  March  2d,  A.  D.,  1854,  as  fixes 
the  time  for  the  appointment  of  officers  by  the  city  council  of  the 
city  of  Springfield,  shall  be,  and  the  same  is  hereby  changed  so  as 
to  require  the  same  to  be  made  on  the  second  Monday  of  April  in 
each  year,  or  as  soon  thereafter  as  may  be. 

Sec.  3.  So  much  of  section  second  of  article  five,  of  the  charter 
of  the  city  of  Springfield,  appioved  March  2d,  A.  D.,  1854,  as  pro- 


48 


AMENDMENTS  TO  THE  CITY  CHARTER. 


hibits  the  members  of  tbe  city  council  from  receiving  any  compen- 
sations for  tbeir  services,  shall  be,  and  tbe  same  is  hereby  amended, 
so  as  to  allow  the  members  of  tbe  city  council  such  compensation  for 
their  services  as  tbe  city  council  may  direct;  Provided^  That  no 
member  of  the  city  council  shall  receive  more  than  two  dollars  for  each 
regular  monthly  meeting  of  the  city  council,  and  not  more  than  one 
dollar  for  every  called  or  special  meeting  of  the  same  ; and  if  any 
member  shall  be  absent  from  any  meeting  at  the  city  council,  he 
shall  not  receive  pay  for  that  meeting. 

Sec.  4.  So  much  of  section  four  (4)  of  article  five  of  the  charter 
of  the  city  of  Springfield,  approved  March  2d,  A.  D.,  1854,  as 
requires  the  bonds  of  said  city  to  be  issued  or  negotiated  at  not  less 
than  par  value,  shall  be,  and  the  same  is  hereby  amended  so  as  to 
allow  the  bonds  of  said  city  to  be  issued  or  negotiated  at  less  than 
par  value : Provided^  said  bonds  shall  not  be  issued  or  negotiated 
at  more  than  ten  per  cent,  below  par  value  ; and  when  so  issued  or  ne- 
gotiated, the  interest  on  the  same  shall  not  exceed  eight  per  cent, 
per  annum. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


RULES  AND  ORDER  OF  BUSINESS 


OF  THE  CITY  COUNCIL  OF  THE  CITY  OF  SPRINGFIELD, 


I.  The  mayor  shall  take  the  chair  at  the  hour  appointed  for  the 
council  to  meet,  and  immediately  call  the  members  to  order,  and  shall 
order  the  roll  to  he  called  in  alphabetical  order,  and,  at  the  instance 
of  any  two  members  present,  compel  the  attendance  of  absent  mem- 
bers. 

II.  A majority  of  the  members  elect  shall  constitute  a quorum 
for  the  transaction  of  business. 

III.  Order  of  business. 

First — The  reading  of  the  minutes  of  the  preceding  meeting,  un- 
less dispensed  with,  and  their  amendment  or  correction. 

Second — Presentation  of  petitions,  (which  shall  always  be  in  wri- 
ting) claims,  and  reports  of  officers. 

Third — Reports  of  standing  committees. 

Fourth — Reports  of  special  committees. 

Fifth — Communications  to  the  council. 

Sixth — Unfinished  business  of  the  preceding  meeting. 

Seventh — New  business. 

IV.  All  questions  as  to  the  priority  of  business,  shall  he  decided 
without  debate. 

y.  The  mayor  shall  preserve  order  and  decorum,  and  shall  de- 
cide all  questions  of  order,  subject  to  an  appeal  to  the  council. 

VI.  While  a question  is  being  put,  no  member  shall  walk  across 
or  out  of  the  council  room. 

YU.  When  two  or  more  members  address  the  mayor,  he  shall 
decide  who  is  first  to  speak. 

VIII.  No  member  shall  speak  more  than  twice  upon  the  same 
question,  nor  more  than  once  upon  the  “previous  question,”  without 
leave  of  the  council ; nor  more  than  once,  in  any  case,  until  every 
member  choosing  to  speak  shall  have  spoken. 

IX.  While  a member  is  speaking,  no  member  shall  entertain  any 
private  discourse,  or  pass  between  him  and  the  mayor. 

7 


50 


RULES  AND  ORDER  OF  BUSINESS. 


X.  Every  member,  previous  to  bis  speaking,  shall  rise  and  address 
‘‘Mr.  Mayor,”  but  shall  not  proceed  until  recognized  and  named 
by  the  mayor. 

XI.  No  personalities  or  reflections  injurious  to  the  feelings  of 
any  member,  or  the  harmony  of  the  council,  shall  be  tolerated,  and 
every  person  indulging  in  such  personalities  shall  be  called  to  order 
by  the  mayor. 

XII.  A member  called  to  order  shall  immediately  sit  down,  un- 
less permitted  by  the  council  to  explain.  If  he  appeals,  the  council 
shall  decide  the  point  without  debate  ; if  no  appeal  is  taken,  the  de- 
cision of  the  mayor  shall  be  conclusive. 

XIII.  "When  a question  is  stated,  every  member  present  shall 
vote,  unless  excused  by  the  council,  or  unless  directly  interested  in 
the  question,  in  which  case  he  shall  not  vote. 

XIV.  No  motion  shall  be  entertained  unless  seconded;  when 
seconded,  it  shall  be  stated  by  the  mayor,  and,  if  any  member  re- 
quires it,  reduced  to  writing. 

XV.  When  a motion  or  resolution  has  been  stated  by  the  mayor, 
it  shall  be  deemed  to  be  in  possession  of  the  council,  but  may  be 
■withdrawn  at  any  time  before  a decision  or  amendment. 

XVI.  If  a question  under  consideration  contains  more  than  one 
distinct  proposition,  it  may  be  divided  upon  the  request  of  any  mem- 
ber. 

XVII.  When  a blank  is  to  be  filled,  and  different  sums  or  times 
proposed,  the  question  shall  first  be  put  upon  the  largest  sum  or 
longest  time. 

XVIII.  When  a question  is  under  debate,  no  motion  shall  be  re- 
ceived, unless  for  the  “previous  question,”  to  postpone  indefinitely, 
to  adjourn  to  a certain  day,  to  lay  on  the  table,  to  amend,  or  to  ad- 
journ the  council. 

XIX.  A motion  for  the  “ previous  question,”  to  lay  the  “ ques- 
tion” on  the  table,  or  to  commit  it  until  decided,  shall  preclude  all 
amendment  or  debate  of  the  main  question  : and  a motion  to  post- 
pone a question  indefinitely,  or  to  adjourn  it  to  a certain  day,  shall, 
until  it  is  decided,  preclude  all  amendment  to  the  main  question. 

XX.  The  “ previous  question”  shall  be  put  as  follows  : “ Shall 

the  main  question  be  now  put  ?” 

XXI.  A motion  to  adjourn  shall  always  be  in  order,  and  decided 
without  debate. 

XXII.  In  all  cases,  the  name  of  a member  offering  a resolution 
or  motion,  shall  be  entered  with  it  upon  the  journal. 

XXIII.  The  yeas  and  nays  shall  be  taken  upon  the  passage  of 
every  ordinance,  and  entered  on  the  journal;  and  if  any  member  re- 


RULES  AND  ORDER  OE  BUSINESS. 


51 


quire  it,  upon  any  question  before  the  council,  but  shall  not  be  taken 
unless  called  for  previous  to  the  taking  of  the  vote. 

XXIV.  No  ordinance  shall  be  repealed  or  passed,  or  contract 
or  appropriation  of  money  made,  unless  by  the  vote  of  a majority  of 
the  members  elected. 

XXV.  All  committees  shall  be  appointed  by  the  mayor,  unless 
otherwise  directed  by  the  council ; in  which  case  they  shall  be  ap- 
pointed by  ballot. 

XXVI.  Committees  to  whom  any  subject  may  be  referred,  shall 
report  in  writing,  addressed  to  the  “ City  Council  of  the  city  of 
Springfield.” 

XXVII.  The  city  clerk  shall  forward  all  papers  to  the  appropri- 
ate committees  and  officers  as  early  as  the  next  day  after  the  refer- 
ence shall  be  made,  by  the  city  marshal,  who  shall  deliver  them. 

XXVIII.  The  standing  committees  of  the  council  shall  be  as  fol- 
lows : On  streets,  alleys,  public  buildings  and  grounds,  to  be  com- 

posed of  a member  from  each  ward,  with  the  mayor  as  chairman ; 
on  schools,  similarly  constituted  ; on  claims,  of  three  members ; on 
fire  and  water,  of  three  members ; on  police,  of  three  members  ; on 
ordinances,  of  three  members ; on  finance,  of  three  members ; on 
gas  lights  and  markets,  of  three  members.  Such  committees  shall 
be  appointed  by  the  mayor,  annually,  on  entering  upon  the  duties 
of  his  office.  The  first  named  of  each  committee,  except  the  com- 
mittee on  schools  and  the  committee  on  streets,  alleys,  public  build- 
ings and  grounds,  shall  be  chairman. 

XXIX.  No  petition  for  the  remission  of  a fine  under  any  ordi- 
nance of  the  city  shall  be  considered  after  reception,  without  a vote 
of  two-thirds  of  the  council,  or  without  said  petition  is  signed  by  the 
police  magistrate,  or  the  jury  imposing  the  fine,  or  the  prosecuting 
attorney. 

XXX.  Every  proposition  involving  the  expenditure  of  money 
shall  be  referred  to  an  appropriate  standing  committee,  and  a report 
thereon  made  to  the  council  by  said  committee  before  the  council 
vote  upon  the  expenditure. 

XXXI.  Every  ordinance  presented  to  the  council,  not  having 
been  drawn  by  the  ordinance  committee,  shall  be  referred  to  said 
committee,  and  a written  report  made  by  said  committee  to  the  coun- 
cil, before  a vote  on  its  passage  shall  be  taken. 

XXXII.  The  regular  stated  meetings  of  the  city  council  shall  be 
held  at  the  council  rooms  on  the  first  Monday  of  each  month,  at  7 
o’clock,  P.  M.,  and  adjourned  meetings  may  be  held  for  the  purpose 
of  completing  the  unfinished  business  of  the  regular  meetings  at 
such  time  as  may  be  appointed  by  the  city  council.  A meeting  shall 
be  held  on  the  last  Monday  of  March  in  each  year,  for  the  purpose 


52 


RULES  AND  ORDER  OF  BUSINESS. 


of  making  settlements  of  the  accounts  of  city  officers  for  the  prece- 
ding fiscal  year. 

XXXni.  Special  meetings  may  be  called  and  held,  by  notifica- 
tion to  each  member  of  the  council,  served  personally,  or  left  at  his 
usual  place  of  abode,  stating  the  object  and  purpose  of  such  meeting  ; 
and  no  business  shall  be  transacted  at  such  special  meeting,  except 
such  as  the  meeting  was  called  for  and  notification  given  thereof. 

XXXIV.  The  city  marshal,  or  some  person  appointed  by  him,  at 
his  own  cost,  shall  attend  all  meetings  of  the  council,  and  execute  all 
their  orders,  and  shall  keep  the  council  room  in  order,  and  prepare 
the  same  for  the  meetings  of  the  council,  and  extinguish  the  lights 
and  fires,  and  close  the  same  upon  adjournment.  He  shall,  when 
required  by  the  mayor  or  any  two  aldermen,  deliver  notices  of  any 
special  meeting  to  each  member  of  the  council,  or  leave  the  same  at 
his  usual  residence. 

XXXV.  The  foregoing  rules,  nor  any  of  them,  shall  not  be  re- 
pealed, or  annulled,  amended,  abridged,  modified  or  suspended,  ex- 
cept by  vote  of  nine  members  of  the  council. 


PA.RT  SECOND. 


REVISED  ORDINANCES  '' 

OF  THE 


CITY  OF  SPRINGFIELD. 


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REVISED  ORDINANCES. 


An  Ordinance  in  relation  to  the  Revised  Ordinances  of  the  city. 

Sectioj7  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 
Springfield,  That  the  following  shall  constitute  and  be  denominated 
the  Revised  Ordinances  of  the  city  of  Springfield,”  and  shall  be 
published  in  book  form,  properly  arranged  and  divided  into  chap- 
ters, divisions  and  sections  or  clauses,  with  a table  of  contents  and 
properly  indexed  ; and  when  so  published,  with  the  certificate  of  thei 
mayor  and  city  clerk  under  the  corporate  seal  of  the  authenticity 
of  the  same,  shall  be  in  force,  and  shall  be  received  in  all  courts  and 
places  without  further  proof. 

All  public  or  general  ordinances,  or  parts  thereof,  not  included 
herein,  shall  be  repealed  so  far  as  they  may  conflict  with  the  pro- 
visions hereof : but  no  fine,  forfeiture,  penalty,  right,  action,  suit, 
debt  or  other  liability  whatsoever,  created,  instituted,  incurred,  or 
accrued  by  or  under  the  same,  shall  be  released,  discharged,  an- 
nulled, repealed,  or  in  any  wise  affected,  but  may  be  prosecuted, 
recovered,  or  enjoyed,  or  any  suit  or  other  proceeding  be  com- 
menced or  completed  thereon,  as  fully  and  in  the  same  manner  in  all 
respects  as  if  such  ordinance  or  part  thereof  had  remained  in  full 
force. 

Passed  September  17,  1857. 


56 


ORDINANCES. 


CHAPTER  I. 

ACCOCJNTS. 

An  ordinanoe  in  relation  to  Accounts. 

Section  1.  No  account  or  claim  against  the  city  of  Springfield, 
except  for  the  salaries  of  city  officers,  or  for  the  payment  of  a 
special  contract  made  by  the  city  council,  or  by  some  officer  of  the 
city  authorized  by  the  city  council  or  by  ordinance  to  make  the 
same  ; or  for  the  payment  of  the  fee  bills  of  officers  of  courts,  shall 
be  considered,  audited,  or  allowed,  or  any  warrant  issued  for  the 
payment  thereof,  unless  the  person  presenting  the  same,  or  some 
other  credible  person  for  him,  shall  make  oath  before  the  mayor  or 
city  clerk,  upon  the  presentation  or  filing  of  such  claim  or  account, 
“ that  it  is  true,  just,  correct,  and  reasonable  and  no  claim  or 
account  against  the  city,  upon  any  contract  made  or  incurred  by 
any  officer  by  authority  of  the  city  council,  or  of  any  ordinance, 
shall  be  considered,  audited,  or  allowed,  or  any  warrant  issued  for 
the  payment  thereof,  unless  accompanied  with  the  certificate  of  the 
officer  by  whom  or  under  whose  authority  the  same  was  incurred  or 
contracted,  stating  “ that  he  has  examined  such  account  or  claim, 
and  verily  believes  that  it  is  true,  just,  correct  and  reasonable,  and 
in  accordance  with  the  contract.” 

Passed  May  14,  1856. 


CHAPTER  II. 

ADDITIONS. 

An  ordinance  in  relation  to  Additions. 

Section  1.  Any  addition  which  may  be  made  to  the  city,  or 
any  lands  adjoining  or  within  the  same  which  may  be  laid  out  into 
lots  or  blocks,  shall  be  so  laid  out,  surveyed,  and  platted,  as  that  the 
blocks  or  other  sub-divisions  shall  conform  to  the  regular  blocks  of 
the  original  toAvn  plat,  or  with  the  regular  blocks  of  the  addition 


APPROPRIATIONS. 


57 


adjoining  such  lands  or  addition  proposed  to  he  laid  out,  and  the 
streets  and  alleys  shall  correspond  with,  and  conform  to  the  pre- 
viously established  streets  and  alleys  with  which  they  may  connect, 
and  continue  the  same. 

Sec.  2.  Any  surveyor  or  other  person,  who  shall  survey  or 
plat  any  addition  to  the  city,  or  any  lands  adjoining  or  within  the 
same  into  blocks  or  other  sub-divisions,  with  the  streets,  alleys,  or 
blocks  laid  out  contrary  to  the  preceding  section,  or  any  owner  of 
any  such  lands,  or  addition,  or  agent  of  such  owner  causing  the 
same  to  be  done,  shall  be  subject  to  a penalty?  of  not  less  than  one 
hundred  dollars,  and  such  owner  or  his  agent  shall  be  subject  to  an 
additional  penalty  of  not  less  than  fifty  dollars  for  each  lot  sold  by 
him. 

Sec.  3.  When  any  person  may  wish  to  lay  out  or  plat  any 
addition  of  lands  adjoining  or  within  the  city  in  any  other  manner 
than  is  herein  prescribed,  he  may  apply  to  the  city  council,  desig- 
nating the  manner  in  which  he  proposes  to  lay  out  and  plat  such 
addition  or  lands,  and  upon  the  approval  thereof  by  the  city  coun- 
cil, such  lands  or  addition  may  be  so  laid  out  and  platted,  and  shall 
lot  be  deemed  a violation  hereof. 

Passed  June  17,  1856. 


CHAPTER  III. 

APPROPRIATIONS. 

An  Ordinance  in  relation  to  Appropriations. 

Section  1.  The  city  council  shall  as  soon  as  is  practicable 
after  the  commencement  of  each  fiscal  year,  and  before  the  first 
Monday  of  August  annually,  pass  an  ordinance  making  appropria- 
tions for  the  general  and  contingent  expenses  of  the  city  govern- 
ment during  the  ensuing  fiscal  year,  and  for  the  payment  of  the 
debt  of  the  city  and  the  interest  thereon  falling  due  during  the 
year.  The  appropriations  for  street  improvements  and  other  local 
purposes  in  each  of  the  wards  of  the  city,  shall  be  proportioned 
among  the  several  wards  according  as  near  as  may  be  to  the 
8 


68 


ordinances/ 


amount  of  taxes  collected  in  such  ward  for  general  purposes.  But 
the  total  appropriations  made  by  the  city  council  during  any  fiscal 
year,  shall  not  exceed  the  whole  amount  of  the  ordinary  revenue  of 
the  city  for  the  year  immediately  preceding. 

Sec.  2.  Ko  contract  shall  he  entered  into,  or  public  work  or- 
dered by  the  city  council,  requiring  an  appropriation  of  money 
for  the  payment  or  completion  thereof,  or  any  appropriation  of 
money  he  made  for  any  purpose,  unless  a majority  of  all  the  mem- 
bers elected,  upon  the  call  of  the  “yeas”  and  “nays,”  shall  vote 
for  the  same. 

Sec  3.  When  any  appropriation  to  any  specific  fund  shall 
be  exhausted,  the  city  clerk  shall  without  delay  notify  the  city 
council  thereof,  and  he  shall  not  thereafter  draw  any  warrant 
against  such  fund  until  the  further  orders  of  the  city  council ; nor 
shall  the  city  council  thereafter  make  any  further  appropriation 
payable  out  of  such  fund. 

Passed  May  14,  1856. 


CHAPTER  IV. 

AWNINGS. 

An  Ordinance  in  relation  to ‘Awnings. 

Section  1.  All  awnings  over  any  sidewalk  in  the  city,  shall 
be  securely  constructed,  and  shall  be  elevated  at  least  eight  feet  at 
the  lowest  part  above  the  sidewalk,  and  shall  not  project  over  the 
sidewalk  to  exceed  three  fourths  of  the  width  thereof ; they  shall 
be  securely  supported  by  iron  brackets,  or  by  an  iron  frame  work 
firmly  attached  to  the  building,  so  as  to  leave  the  sidewalk  wholly 
unobstructed ; any  awning  abeady  erected  in  a different  manner 
than  is  herein  prescribed,  shall  not  be  repaired  under  a penalty  of 
not  less  than  ten  dollars ; and  the  mayor,  or  the  city  council,  may 
order  and  require  such  awning  to  be  removed,  or  to  be  made  to 
conform  to  the  requirements  hereof,  upon  ten  days’  notice  being 
given  thereof,  by  the  marshal  or  supervisor. 


BRICKYAEDS. 


59 


Sec.  2.  Whoever  shall  erect  or  cause  to  be  erected  any 
awning,  contrary  to  the  requirements  hereof,  or  shall  suffer  or  per- 
mit any  awning  in  front  of  any  premises  owned  or  occupied  by 
him  to  be  in  such  condition  as  to  be  insecure,  or  dangerous  to  the 
safety  of  persons  passing  under  the  same,  shall  be  subject  to  a pen- 
alty of  not  less  than  five  dollars. 

Sec  3.  Whoever  shall  not  remove  any  awning  or  awning 
posts  already  erected  contrary  to  the  requirements  hereof,  or  shall 
not  make  any  such  awning  to  conform  to  the  requirements  hereof, 
within  ten  days  after  notice  by  the  marshal  or  supervisor,  in  pur- 
suance of  the  order  of  the  mayor  or  of  the  city  council,  shall  be 
subject  to  a penalty  of  not  less  than  five  dollars,  and  to  an  addi- 
tional penalty  of  not  less  than  one  dollar,  for  each  day  such  awning 
shall  remain  after  the  expiration  of  such  notice. 

Sec.  4.  Any  awning  which  may  be  constructed  contrary  to 
the  provisions  hereof,  or  which  shall  not  be  removed  or  be  made  to 
conform  to  the  requirements  hereof  after  ten  days’  notice  as  herein 
required,  or  which  shall  be  in  such  a condition  as  to  be  insecure,  or 
dangerous  to  the  safety  of  persons  passing  under  the  same,  is  here- 
by declared  a nuisance  ; and  the  supervisor,  marshal,  or  any  police 
constable,  shall  remove  or  cause  the  same  to  be  removed,  and  tho 
costs  of  such  removal  may  be  collected  of  the  owner  of  such  awn- 
ing, or  person  using  the  same,  or  causing  it  to  be  erected,  and  re- 
covered by  suit  in  the  name  of  the  city  before  any  court  having 
jurisdiction. 

Passed  May  14,  1856. 


CHAPTER  V. 

BRICKYARDS. 

An  Ordinance  in  relation  to  Brickyarda. 

Section  1.  Any  brickyard  or  brick  kiln  which  may  be  estab- 
lished within  the  city,  or  any  enlargement  of  any  brickyard,  or  clay 
pit  belonging  thereto,  already  established  within  the  city,  beyond 


60 


ORDINANCES, 


the  ground  at  present  owned  by  the  owner  thereof,  or  beyond  the 
line  of  any  street  or  alley,  is  hereby  declared  a nuisance. 

Sec.  2.  No  brickyard,  or  clay  pit  belonging  to  any  brick- 
yard, shall  hereafter  be  established  within  the  city,  nor  shall  any 
brickyard,  or  clay  pit  belonging  thereto,  already  established  within 
the  city,  be  enlarged  beyond  the  ground  at  present  owned  by  the 
owner  thereof,  or  beyond  the  line  of  any  street  or  alley,  under  a 
penalty  of  not  less  than  five  dollars  for  each  day  the  same  may  be 
continued. 

Sec.  3.  Any  owner  or  occupant  of  any  brickyard,  or  clay 
pit  within  the  city,  who  shall  after  using  the  same  and  digging  the 
clay  thereout,  leave  and  abandon  the  same  in  such  a condition  as  to 
be,  or  be  likely  to  become  a nuisance  from  water  standing  and  be- 
coming stagnant  thereon,  shall  be  subject  to  a penalty  of  not  less 
than  fifty  dollars,  and  to  a like  penalty  for  each  month  the  same 
shall  remain  in  such  condition. 

Passed  Mav  14, 1856. 


CHAPTER  VI. 

BURYING  GROUNDS. 

An  Ordinance  in  relation  to  Burying  Grounds. 

Section  1.  Any  cemetery  or  burying  ground  which  may  be  es- 
tablished within  the  city  or  within  one  half  mile  thereof,  or  any  ex- 
tension or  enlargement  of  any  cemetery  or  burying  ground  already 
established,  is  hereby  declared  a nuisance. 

Sec.  2.  No  cemetery  or  burying  ground  shall  hereafter  be 
established  within  the  city,  or  within  one  half  mile  thereof ; nor 
shall  any  cemetery  or  burying  ground  already  established  within 
the  city  be  enlarged  under  a penalty  of  not  less  than  ten  dollars 
for  each  body  which  may  be  interred  in  such  cemetery  or  bury- 
ing ground,  or  extension  thereof. 

Sec.  3.  The  burying  ground  known  as  the  “ old  city 
GRAVE  yard”  shall  be  kept  well  inclosed,  and  the  mayor  shall 


OAKRIDGE  CEMETERY. 


61 


cause  the  fences  and  grounds  to  be  kept  in  good  order  and  repair ; 
and  hereafter  no  interment  shall  be  made  therein  under  a penalty 
of  not  less  than  twenty-five  dollars  in  each  case. 

Passed  May  14,  1856. 


CHAPTER  VII. 

OAKRIDGE  CEMETERY. 

An  Ordinance  establishing  the  Oakridge  Cemetery. 

DIVISION  I. — OAKRIDGE  CEMETERY. 

Section  1.  Lot  numbered  five,  containing  eleven  'and  three 
sevenths  acres,  lot  numbered  six,  containing  eleven  and  three 
sevenths  acres,  and  the  south  half  of  lot  numbered  four,  containing 
five  and  five  sevenths  acres,  of  the  sub-division  of  the  east  half  of 
the  northeast  quarter  of  section  number  twenty-one,  in  township 
number  sixteen  north  of  range  number  five  west  of  the  third  prin- 
cipal meridian,  and  containing  in  all  twenty-eight  and  four  sevenths 
acres,  is  hereby  set  apart  for  the  burial  of  the  dead,  and  shall  be 
known  as  the  Oakridge  Cemetery. 

Sec.  2.  The  city  engineer  and  surveyor  shall,  under  the 
direction  of  the  committee  on  public  grounds,  survey  and  sub- 
divide the  cemetery  grounds  into  such  divisions,  blocks,  or  squares, 
and  lots,  designated  and  numbered  in  such  manner  as  may  be 
deemed  most  expedient,  and  shall  report  a plat  thereof  to  the  city 
council ; and  such  plat  when  approved  by  the  city  council,  shall  be 
filed  for  record  in  the  recorder’s  office  of  Sangamon  county,  and  a 
copy  thereof  kept  in  the  office  of  the  city  clerk. 

Sec.  3.  The  committee  on  public  grounds  shall  set  apart  a por- 
tion of  the  cemetery  grounds  for  the  burial  of  the  poor,  another 
portion  for  the  burial  of  strangers  or  persons  not  belonging  to  the 
city,  another  portion  for  the  burial  of  the  inhabitants  of  the  city 
not  having  private  lots,  and  another  portion  for  the  burial  of  col- 
ored persons. 

Sec.  4.  The  committee  on  public  grounds  shall  appraise  all 
squares  or  lots  allotted  for  private  places  of  burial  before  they 


62 


ORDINANCES. 


shall  be  subject  to  sale,  and  shall  from  time  to  time  re-appraise 
such  as  may  be  unsold.  No  square  shall  be  appraised  at  less  than 
ten  dollars,  or  half  squares  at  less  than  five  dollars ; nor  shall  it 
be  sold  for  less  than  the  appraisal.  All  moneys  arising  from  the 
sale  of  cemetery  squares  and  lots  shall  be  kept  in  a distinct  fund, 
and  shall  be  exclusively  expended  in  improving  and  ornamenting 
the  cemetery  grounds. 

Sec.  5.  The  city  clerk  shall  keep  a plat  of  the  cemetery 
grounds,  and  also  a record  in  numerical  order  of  the  blocks  or 
squares  in  each  division,  with  separate  columns  ruled  therein  for 
the  entry  of  the  amount  of  appraisal,  the  name  of  the  purchaser, 
the  amount  sold  for,  and  the  date  of  sale;  an  additional  column 
shall  also  be  ruled  for  the  entry  of  any  re-appraisal  which  may  be 
made ; when  any  block  or  square  or  part  thereof  shall  be  sold,  the 
clerk  shall  make  an  entry  of  the  name  of  the  purchaser,  the 
amount  sold  for,  and  the  date  of  the  sale,  opposite  the  number  of 
the  square  on  the  record,  and  shall  also  designate  the  square  or 
part  thereof  sold  by  coloring  the  same  on  the  plat. 

Sec.  6.  All  applications  for  the  purchase  of  cemetery  lots 
or  squares  shall  be  made  to  the  city  clerk,  who  shall  give  to 
the  person  applying,  an  order  on  the  city  treasurer,  to  receive  the 
amount  for  which  the  square,  part  of  square,  or  lot  may  be  ap- 
praised, stating  on  what  account  the  same  is  to  be  received  ; and 
upon  payment  being  made,  the  treasurer  shall  give  his  receipt  for 
the  amount  paid,  stating  on  what  account  received,  and  upon 
the  filing  of  the  treasurer’s  receipt  with  the  clerk,  he  shall  make 
the  proper  entry  of  the  sale  on  the  record,  and  deliver  to  the  pur- 
chaser a deed  for  the  square  or  part  of  square  sold,  signed  by  the 
mayor  and  countersigned  by  him  under  the  corporate  seal. 

The  deed  may  be  in  the  following  form : 

OAKRIDGE  CEMETERY  DEED. 

The  city  of  Springfield  in  consideration  of dollars  paid  by 

, in  conformity  with  the  provisions  of  the  ordinance  of  the 

city  establishing  the  Oakridge  Cemetery,  hereby  grants,  bargains, 
sells,  and  conveys  unto  the  said^ , square  numbered 


CITY  SEXTON. 


63 


in  division  numbered , in  the  Oakridge  Cemetery,  as  platted 

and  recorded  in  the  office  of  the  recorder  of  Sangamon  county, 
Illinois,  and  in  the  office  of  the  city  clerk  of  said  city. 

To  have  and  to  hold  the  same,  with  its  appurtenances,  unto  the 

said  , his  heirs  and  assigns  forever,  for  a place  of 

burial  and  for  no  other  use  or  purpose  whatever  ; subject  neverthe- 
less, to  such  general  rules  and  regulations  as  the  city  council  of 
said  city,  may  from  time  to  time  establish ; and  the  city  of  Spring- 
field  hereby  covenants  with  the  said , his  heirs  and  as- 

signs, that  the  Oakridge  Cemetery  as  platted  and  recorded  as 
aforesaid,  shall  forever  be  kept  and  preserved  as  a place  of  burial 
of  the  dead  of  said  city. 

In  testimony  whereof,  I,  A.  B.,  mayor  of  said  city  of 
Springfield,  have  hereunto  set  my  hand,  and  caused 

the  corporate  seal  of  said  city  to  be  affixed  this 

day  of , A.  D.,  185 — . 


[seal.] 


Countersigned,  C.  D.,  City  Clerk. 


A.  B.,  Mayor. 


Sec.  7.  The  clerk  and  treasurer  shall  each  keep  a cemetery 
account,  in  which  all  moneys  received  or  paid  on  account  of  the 
cemetery  shall  be  charged  or  credited ; and  they  shall  report  to 
the  regular  monthly  meetings  of  the  city  council  a true  statement 
in  brief  of  receipts  and  payments. 

• DIVISION  II. — CITY  SEXTON. 

Sec.  8.  The  city  council  shall  annually  appoint  a city  sexton, 
who  shall  have  charge  of  the  cemetery,  and  shall  keep  and  preserve 
the  grounds,  buildings,  and  fences  in  good  order  and  repair,  and 
the  monuments,  tombstones,  shrubbery,  and  every  other  thing 
erected  or  placed  within  the  cemetery  for  ornament  or  otherwise, 
free  from  injury  or  deface,  and  the  walks  and  avenues  clear,  in 
good  condition,  and  free  from  obstruction;  he  shall  enforce  the 
ordinances  of  the  city  in  relation  to  the  cemetery,  and  report  all 
violations  thereof  to  the  mayor  or  any  police  officer  for  prosecu- 
tion, or  prosecute  the  offender  before  any  police  magistrate  or 


64 


ORDINANCES. 


Other  competent  court ; he  shall  have  power  to  arrest,  and  shall 
arrest,  without  warrant,  all  persons  who  shall  hunt,  discharge  fire 
arms,  or  otherwise  trespass  upon  the  cemetery  grounds. 

Sec.  9.  The  city  sexton  shall  obtain  from  the  city  clerk  a plat 
of  the  cemetery,  and  a numerical  list  of  all  the  blocks  or  squares, 
with  the  lots  numbered  thereon ; the  name  of  the  owner  shall  he 
marked  opposite  each  block  or  square  or  part  of  square  sold ; the 
sexton  shall  each  month  when  making  his  monthly  return  obtain 
from  the  city  clerk  a list  of  the  squares  or  parts  of  squares  sold 
since  his  last  return,  and  shall  enter  the  name  of  the  owner  oppo- 
site to  the  proper  number  of  the  square  or  part  of  square  on  his  list. 

Sec.  10.  Any  person  desiring  to  make  any  interment  in  the 
cemetery,  shall  apply  to  the  city  clerk  therefor,  and  upon  pay- 
ment of  the  sexton’s  fee  and  the  sum  charged,  the  clerk  shall  de- 
liver to  the  applicant  a certificate  to  the  sexton,  stating  the  name 
of  the  deceased,  and  the  number  of  the  lot  in  which  he  or  she  is  to 
be  interred,  and  shall  make  an  entry  in  a suitable  book  of  the  name 
of  the  deceased,  the  date  of  his  or  her  death,  the  lot  in  which  he 
or  she  was  interred,  the  disease,  cause,  or  manner  of  death,  the 
sex,  and  color,  and  when  practicable  and  can  be  ascertained,  of 
the  age,  occupation,  birth  place,  and  residence  of  the  deceased;' if 
the  deceased  shall  be  a pauper  or  a stranger  without  means,  and 
no  person  chargeable  with  his  interment  or  liable  therefor,  the 
clerk’s  certificate  shall  state  the  fact. 

Sec.  11.  The  sexton  upon  the  receipt  of  the  certificate  and 
making  any  interment,  shall  enter  the  name  of  the  deceased  with 
the  date  of  the  interment,  and  the  number  of  the  lot  in  which  in- 
terred, in  his  record  of  interments,  and  he  shall  make  no  interment 
without  the  delivery  of  the  certificate  of  the  clerk  to  him,  nor  in 
any  other  lot  than  is  named  therein  under  a penalty  of  five  dol- 
lars ; and  he  shall  on  the  first  Monday  of  each  month,  return  to 
the  city  clerk,  all  the  certificates  issued  and  received  by  him  dur- 
ing the  preceding  month  ; and  they  shall  be  filed  and  preserved  by 
the  clerk  in  his  office,  and  the  clerk  and  sexton  shall  examine 
such  certificates,  and  compare  them  with  the  entries  on  their  books 
and  see  that  they  correspond  therewith. 


CITY  SEXTON. 


65 


Sec.  12.  There  shall  be  charged  and  collected  by  the  clerk  for 
the  interment  in  the  cemetery  of  each  dead  body  having  been  an 
inhabitant  of  the  city,  and  not  interred  in  a private  lot,  one  dollar, 
and  for  the  interment  of  each  dead  body  not  having  been  an  inhab- 
itant of  the  city,  and  not  interred  in  a private  lot,  two  dollars,  to 
be  paid  to  the  clerk  before  the  issuing  or  delivery  of  the  certificate 
to  the  sexton. 

Sec.  13.  The  sexton  may  charge  and  receive  two  dollars  and 
a half  for  the  interment  of  a full  grown  body,  and  not  exceeding 
two  dollars  for  the  interment  of  any  other  dead  body,  to  be  paid  to 
the  city  clerk  before  delivery  of  the  certificate  to  the  sexton,  and 
paid  by  him  to  the  sexton  monthly ; for  interring  paupers  or 
strangers  without  means,  and  no  person  chargeable  for  their  inter- 
ment or  liable  therefor,  he  shall  be  paid  from  the  city  treasury 
upon  the  approval  and  allowance  of  his  account  by  the  city  coun- 
cil ; for  disinterring  or  removing  any  dead  body  he  may  charge 
and  receive  the  customary  or  a reasonable  compensation,  to  be  paid 
by  the  person  employing  him  ; and  he  shall  make  an  entry  in  his 
record  of  all  disinterments  in  the  cemetery  and  of  the  lot  in  which 
any  body  may  be  re-interred,  and  shall  report  the  same  to  the  city 
clerk  who  shall  make  the  proper  entry  thereof  in  his  record. 

Sec.  14.  The  city  sexton  shall,  if  required  by  the  city  coun- 
cil, reside  in  the  building  to  be  erected  upon  the  cemetery  grounds 
for  a sexton’s  house,  and  shall  be  in  readiness  at  all  seasonable 
times,  by  himself  or  some  competent  assistant,  to  perform  all  the 
duties  required  of  him.  He  shall  dig  or  cause  to  be  dug  all  graves, 
attend  to  the  interment  of  all  dead  bodies  therein,  and  fill  up,  trim, 
and  keep  and  preserve  the  graves  in  good  order.  Each  grave  for 
a full  grown  body  shall  not  be  less  than  five  and  one  half  feet  in 
depth  ; and  for  any  other  body  not  less  than  five  feet.  If  he  shall 
willfully  neglect  or  refuse  to  discharge  or  perform  any  duty  re- 
quired of  him,  or  shall  improperly  maltreat  any  dead  body,  or  any 
grave,  he  shall  be  subject  to  a penalty  of  not  less  than  ten  dollars, 
and  may  be  removed  from  office. 

Sec.  15.  The  city  sexton,  upon  the  appointment  and  qualifica- 
tion of  his  successor  in  office,  shall  deliver  to  him  all  records, 
9 


66 


ORDINANCES. 


books,  maps,  and  other  property  pertaining  to  his  office ; and  upon 
willful  neglect  or  refusal  so  to  do  when  required,  shall  be  subject 
to  a penalty  of  not  less  than  fifty  dollars. 

Sec.  16.  Whoever  shall  hunt,  discharge  fire  arms,  or  otherwise 
trespass  upon  the  cemetery  grounds,  shall  be  subject  to  a penalty, 
of  not  less  than  five  dollars. 

Sec.  17.  Whoever  shall  carry  away  or  remove,  or  shall  will- 
fully, maliciously,  or  negligently  break,  deface,  destroy,  or  other- 
wise injure  any  monument,  tombstone,  tree,  shrub,  railing,  fence, 
or  any  other  property,  article  or  thing  belonging  to  the  cemetery, 
or  placed  or  erected  therein  for  ornament  or  otherwise,  or  shall 
trespass  upon  or  maltreat  any  grave,  shall  be  subject  to  a penalty 
of  not  less  than  ten  dollars ; and  in  addition  thereto  the  expenses 
which  may  be  incurred  in  repairing  the  injuries  committed  shall  be 
added  to  the  penalty,  and  included  in  the  judgment. 

Sec.  18.  The  sexton  or  person  having  charge  of  each  cemetery 
or  burying  ground  in  the  city,  or  within  one  mile  thereof,  shall 
make  an  entry  in  an  appropriate  book,  of  the  name,  sex,  and  color 
of  each  body  interred  in  such  cemetery  or  bm’ying  ground,  with 
the  date  of  death,  the  disease,  cause  or  manner  of  death,  and  when 
practicable,  and  can  be  ascertained,  of  the  age,  occupation,  birth 
place,  and  residence  of  the  deceased,  and  shall  on  the  first  Monday 
of  each  month,  make  a full  report  thereof  to  the  city  clerk  ; and 
for  each  failure  or  neglect  so  to  do,  he  shall  be  subject  to  a penalty 
of  ten  dollars. 

Passed  May  14,  1856. 


CHAPTER  VIII. 

CENSUS. 

An  Ordinance  providing  for  the  Census  of  the  city. 

Section  1.  The  city  assessor  and  collector  shall  biennially,  or 
annually  if  required  by  the  city  council,  take  and  make  out  an 


CENSUS. 


67 


enumeration  of  the  inhabitants  of  the  city,  and  return  the  same  to 
the  city  council  on  or  before  the  first  Monday  of  August. 

Sec.  2.  The  census  shall  be  taken  in  each  ward  separately,  in 
a suitable  book  or  books  properly  ruled  and  headed,  and  shall  show 
separately  the  number  of  males  and  females  under  five  years  of  age, 
the  number  over  five  and  under  twenty-one,  the  number  over 
twenty-one  and  under  fifty,  and  the  number  over  fifty,  the  block 
on  which  they  reside,  and  the  number  of  negroes  or  mulattoes, 
and  persons  of  foreign  birth.  The  census  shall  also  show  the  num- 
ber of  buildings  in  each  block  exclusive  of  out  buildings  and  the 
number  not  situated  on  blocks  and  the  materials  of  such  buildings, 
the  number  of  manufactories  and  business  houses  of  all  kinds,  the 
amount  of  capital  invested  in  each  and  the  amount  of  business  done 
annually,  and  the  number  of  persons  or  employees  employed  or  en- 
gaged therein ; the  number  of  school  houses,  colleges,  churches, 
and  other  public  buildings,  and  the  estimated  value  of  each ; and 
such  other  statistics  and  information  as  the  city  council  may  di- 
rect. 

Sec.  3.  The  assessor  and  collector  shall  call  at  each  dwelling, 
manufactory,  or  place  of  business,  and  inquire  of  the  head  or  some 
member  thereof,  or  person  connected  therewith,  who  can  inform 
him,  and  ascertain  the  facts  herein  required : but  if  no  such  person 
can  be  found  he  shall  list  them  from  the  best  information  he  can 
obtain.  He  shall  register  the  names  of  all  heads  of  families,  and 
of  all  persons  not  belonging  to  any  family ; and  under  the  head 
of  the  family,  all  persons  residing  therein,  whether  as  boarders 
or  otherwise,  so  that  they  be  residents  of  the  city,  shall  be  enu- 
merated. He  shall  register  in  a separate  column,  the  names  of  all 
male  persons  of  twenty-one  years  of  age  and  upwards  in  each 
ward,  marking  the  letter  C”  opposite  the  names  of  colored  persons. 

Sec.  4.  Each  column  shall  be  added  up  and  the  amount  carried 
forward,  so  as  to  show  the  total  number  or  amount  of  each  class, 
and  the  totals  of  each  class  shall  be  added  up  so  as  to  show  the 
totals  of  all  classes. 

Sec.  5.  Any  person  who  shall  when  requested,  refuse  to  give 
to  the  assessor  and  collector,  while  he  may  be  engaged  in  taking 


68 


ORDINANCES. 


the  census,  any  information  within  his  knowledge  in  relation  to 
any  of  the  facts  herein  required,  or  shall  knowingly  give  any  false 
information  in  relation  thereto,  shall  be  subject  to  a penalty  of  five 
dollars. 

Passed  May  14,  1856. 


CHAPTER  IX. 

DOGS. 

An  Ordinanoe  in  relation  to  Dogs. 

Section  1.  No  dog  or  bitch  shall  run  at  large  in  the  city,  un- 
less the  owner  or  keeper  thereof  shall  place  and  keep  upon  the 
neck  of  such  dog  or  hitch,  a • substantial  metallic  or  leather  collar 
with  a metallic  plate  affixed  thereto,  upon  which  the  name  of  the 
owner  shall  be  legibly  inscribed,  under  a penalty  of  not  less  than 
three  dollars. 

Sec.  2.  The  owner  or  keeper  of  any  dog  or  bitch,  shall  with- 
out delay  after  the  due  publication  hereof,  or  as  soon  as  any  dog 
or  bitch  shall  come  into  his  possession,  and  annually  thereafter  be- 
fore the  first  day  of  June  in  each  year,  give  his  name,  with  the 
name  and  description  of  his  dog  or  bitch  to  the  city  marshal,  who 
shall  register  the  same  in  a suitable  book  kept  for  that  purpose, 
and  shall  stamp  upon  or  affix  to  the  collar  of  the  dog  or  bitch  thus 
registered,  the  letter  “ R,”  and  the  year  of  the  registry ; and  he 
may  charge  and  receive  a fee  of  twenty-five  cents  for  each  dog  or 
bitch  registered  by  him ; but  he  shall  not  be  entitled  to  any  fee 
for  registering  any  dog  or  bitch,  registered  after  the  first  day  of 
January  in  each  year.  Whoever  shall  not  comply  with  the  re- 
quirements of  this  section,  shall  be  subject  to  a penalty  of  not  less 
than  three  dollars. 

Sec.  3.  When  danger  of  hydrophobia  may  be  deemed  to  exist 
in  or  near  the  city,  the  mayor  or  city  council  may,  by  proclama- 
tion, or  by  notice  in  the  daily  newspapers  of  the  city,  or  by  printed 
hand-bills,  require  all  persons  to  confine  all  dogs  and  bitches,  or 


DOGS. 


69 


securely  muzzle  them  with  a wire  muzzle,  for  such  time  as  may  be 
designated  in  such  proclamation  or  notice,  or  until  otherwise  or- 
dered ; all  dogs  or  bitches  found  running  at  large  in  the  city, 
contrary  to  the  provisions  of  this  section,  whether  owned  or  kept 
within  or  without  the  city,  shall  be  destroyed  by  the  city  marshal 
or  any  police  constable,  and  the  owner  or  keeper  of  any  such  dog 
or  bitch,  who  shall  knowingly  permit  the  same  to  run  at  large, 
contrary  to  the  provisions  of  this  section,  shall  be  subject  to  a pen- 
alty of  not  less  than  five  dollars. 

Sec.  4.  The  marshal  and  police  constables  shall  prosecute  the 
owner  or  keeper  of  any  dog  or  bitch,  permitting  the  same  to  run 
at  large  contrary  to  the  requirements  hereof,  and  shall  kill  or  de- 
stroy all  dogs  or  bitches  found  running  at  large  and  not  registered 
and  collared  as  is  herein  required,  and  for  which  no  owner  or 
keeper  can  be  found  upon  reasonable  inquiry ; but  the  provisions 
hereof,  except  the  third  and  fifth  sections,  shall  not  apply  to  any 
dog  or  bitch  brought  into  the  city  by  any  person  not  a resident 
thereof,  until  such  dog  or  bitch  shall  have  been  in  the  city  for 
three  days. 

Sec.  5.  Any  bitch  running  at  large  while  in  heat,  is  hereby 
declared  a nuisance,  and  the  owner  or  keeper  of  such  bitch,  so  per- 
mitting the  same  to  run  at  large  while  in  heat,  shall  be  subject  to 
a penalty  of  not  less  than  five  dollars,  and  the  marshal  or  any 
police  constable  shall  destroy  such  bitch. 

Sec.  6.  The  city  marshal  and  police  constables,  shall  receive 
fifty  cents  for  each  dog  or  bitch  destroyed  by  them,  and  removed 
beyond  the  city,  to  be  collected  or  recovered  of  the  owner  or  keep- 
er of  such  dog  or  bitch,  if  known,  and  if  not,  to  be  reported  to  the 
city  council  upon  oath  for  allowance,  and  payment  from  the  city 
treasury. 

Sec.  7.  The  city  marshal  or  any  police  constable  may  with  the 
concurrence  of  the  mayor,  employ  at  his  own  cost,  and  on  his  own 
responsibility,  such  assistants  as  may  be  necessary  to  aid  in  the 
execution  of  the  requirements  hereof,  and  they  may  adopt  any 
mode  that  may  be  deemed  best  to  accomplish  the  destruction  of 
dogs  and  bitches,  and  shall,  without  delay,  cause  all  dead  dogs  and 


70 


ORDINANCES. 


bitclies  to  be  removed  beyond  the  city,  so  as  not  to  be  or  become  a 
nuisance  to  any  person. 

Sec.  8.  The  city  marshal  and  police  constables  shall,  from  time 
to  time  or  when  required  by  the  city  council,  report  the  number  of 
dogs  registered,  the  amount  of  fines  collected,  and  the  number  of 
dogs  killed  under  the  provisions  hereof. 

Sec.  9.  Whoever  shall  hinder,  delay,  resist,  or  obstruct  any 
ofiicer  or  his  assistants,  in  the  execution  of  any  duty  herein  re- 
quired, or  shall  aid  or  abet  the  same,  shall  be  subject  to  a penalty 
of  not  less  than  five  dollars. 

Sec.  10.  Any  officer,  assistant,  or  other  person  who  shall  de- 
stroy any  dog  or  bitch  collared  and  registered  or  muzzled  as  is 
herein  required,  or  shall  bring,  or  entice,  or  cause  to  be  brought  or 
enticed,  any  dog  or  bitch  into  the  city  for  the  purpose  of  destroy- 
ing the  same,  or  shall  entice  any  dog  or  bitch  out  of  the  premises 
of  the  owner  or  keeper  thereof  for  such  purpose,  or  shall  molest  or 
seize  any  dog  or  bitch  while  being  led  or  held  by  any  person  ; or 
shall  remove  the  muzzle  or  collar  from  any  dog  or  bitch,  or  shall 
throw  or  place  or  cause  to  be  thrown  or  placed  any  poisonous  meat 
or  other  poisonous  substance,  into  any  private  inclosed  premises, 
shall  be  subject  to  a penalty  of  not  less  than  ten  dollars  in  each 
case. 

Sec.  11.  Any  owner  or  keeper  of  a fierce  or  dangerous  dog  or 
bitch,  who  shall  knowingly  permit  the  same  to  go  at  large  to  the 
danger,  annoyance,  or  damage  of  any  person  within  the  city,  shall 
be  subject  to  a penalty  of  not  less  than  five  dollars  for  the  first  of- 
fense, and  not  less  than  ten  dollars  for  the  second  offense;  and 
upon  a second  conviction,  the  marshal  or  any  police  constable  shall 
cause  such  dog  or  bitch  to^be  destroyed. 

Passed  May  14, 1856. 


ELECTIONS 


71 


CHAPTER  X. 

ELECTIONS. 

An  Ordinance  in  relation  to  Elections. 

Section  1.  A general  election  for  all  elective  city  officers, 
shall  be  held  in  each  ward  of  the  city,  on  the  first  Tuesday  of 
April  in  each  year,  at  such  place  as  may  be  designated  by  the  city 
council.  The  city  clerk  shall  give  at  least  six  days’  notice  of  any 
election,  by  posting  up  written  or  printed  notices  thereof,  in  at 
least  three  of  the  most  public  places  of  the  ward,  or  by  publishing 
for  six  days  at  least  an  advertisement  in  the  newspaper  publishing 
the  ordinances  of  the  city,  stating  the  time  and  place  of  holding 
the  election,  and  the  officers  to  be  elected.  Special  elections  shall 
be  held  and  conducted  and  notice  thereof  given  in  the  same  man- 
ner as  general  elections. 

Sec.  2.  The  city  council  shall  annually,  at  least  eight  days  be- 
fore the  charter  election,  appoint  by  ballot  in  each  ward,  three 
legal  voters  thereof,  to  act  as  judges  of  election  for  the  year  for 
which  they  are  appointed,  or  during  the  pleasure  of  the  city  coun- 
cil. The  city  clerk  shall  without  delay  after  such  appointment, 
make  out  and  deliver  to  the  marshal  a certificate  of  appointment 
under  the  corporate  seal,  to  each  of  the  persons  appointed  judges ; 
and  the  marshal  shall  deliver  such  certificate  to  each  person  ap- 
pointed, within  three  days  after  their  appointment.  The  city 
council  may,  at  the  time  of  appointing  the  judges  of  elections,  ap- 
point from  the  legal  voters  of  the  ward,  an  alternate  in  the  place  of 
each  of  the  persons  appointed  as  judges ; and  such  alternates  may 
serve  as  judges  in  case  of  neglect  or  refusal  of  any  of  the  persons 
appointed  as  judges  to  act ; and  they  shall  be  notified  of  their  ap- 
pointment as  alternates  in  like  manner  as  the  judges. 

Sec.  3.  If  any  judge  of  elections  shall  refuse  to  act  or  shall 
not  attend  at  the  time  fixed  for  the  opening  of  the  polls,  the 
vacancy  shall  be  filled  by  the  alternate ; or  if  no  alternate  shall 
attend,  by  a legal  voter  of  the  ward  to  be  chosen  by  the  majority 
of  judges  or  alternates  in  attendance.  If  no  majority  of  judges 


72 


ORDINANCES. 


or  alternates  shall  attend,  a majority  of  the  legal  voters  of  the 
ward  in  attendance,  may  choose  the  requisite  number  of  judges  in 
like  manner.  But  all  the  judges  shall  not  in  any  case  be  chosen 
from  the  same  political  party,  unless  the  persons  who  may  be  first 
so  chosen,  or  appointed  shall  neglect  or  refuse  to  serve. 

Sec.  4.  The  judges  shall  choose  two  legal  voters  of  the  ward 
to  act  as  clerks  of  elections,  who  shall  be  clerks  of  elections  dur- 
ing the  pleasure  of  the  judges.  But  no  person  holding  any  office 
under  the  United  States,*  the  state,  or  the  city,  or  candidate  for 
any  state  or  city  office,  shall  be  a judge  or  clerk  of  any  city  elec- 
tion. 

Sec.  5.  The  judges  and  clerks  shall  severally  before  opening 
the  polls  or  receiving  any  votes,  take  and  subscribe  an  oath  or  af- 
firmation, which  shall  be  affixed  to  the  poll  list,  and  may  be  in  the 
following  form — to  wit : 

“We  do  solemnly  swear  (or  affirm),  that  we  will  perform  the 
duties  of  judges  and  clerks  of  this  election  according  to  law  and  to 
the  best  of  our  abilities,  and  that  we  will  studiously  endeavor  to 
prevent  fraud,  deceit  and  abuse,  in  conducting  this  election. 

Signed, 

A.  B.,'1 

C.  D.,  V Judges. 

E.  F.,  j 


I.  K.,’  } 

Sworn  to  and  subscribed  before  me  at  Springfield,  this 
of A.  D.,  185 — . 


day 


L.  M.,  City  Clerk  or  J.  P. 

If  no  officer  authorized  to  administer  oaths  shall  be  present  at 
the  opening  of  the  polls,  any  judge  may  administer  the  oath  to 
the  other  judges,  and  to  the  clerks,  and  one  of  the  judges  so  sworn, 
may  administer  the  oath  to  him.  The  oath  when  thus  adminis- 
tered shall  be  certified  by  the  judge  administering  the  same.  No 


* “ Nor  shall  any  person  holding  an  office  of  honor  or  profit  under  the  government  of 
the  United  States,  hold  any  office  of  honor  or  profit  under  the  authority  of  the  state.” 
State  Constitution,  Art.  Ill,  Sec.  29.  See  People  vs.  Dickson,  17  Ills.  Rep.  191. 


ELECTIONS. 


73 


returns  shall  be  invalid  or  rejected,  for  any  defect  in  the  manner 
of  administering  or  certifying  the  oath. 

Sec.  6.  If  any  judge  or  clerk  after  entering  upon  his  duties, 
shall,  by  sickness  or  other  disability,  be  unable  to  continue  to  act, 
another  may  be  appointed  in  his  place  by  the  judges.  In  such 
case  the  person  substituted  shall  take  and  subscribe  the  oath  as 
hereinbefore  required,  and  the  substitution  and  the  time  thereof 
shall  be  noted  on  the  poll  lists. 

Sec.  7.  At  all  elections  the  polls  shall  be  opened  at  eight 
o’clock  A.  M.,  or  as  soon  thereafter  as  the  judges  and  clerks  shall 
be  qualified,  and  shall  be  kept  open  until  six  o’clock  P.  M.,  except 
tnat  the  judges  may  adjourn  for  one  hour  for  dinner.  When 
opened,  proclamation  shall  be  made  “ that  the  polls  are  now 
open.” 

Sec.  8.  A ballot  box  with  a lock  and  key,  and  an  aperture  in 
the  top  thereof  not  larger  than  will  admit  a single  folded  ballot, 
shall  be  provided  for  the  use  of  the  judges  of  each  ward  ‘by  the 
city  clerk.  Before  receiving  any  vote  the  box  shall  be  publicly 
opened  and  examined  by  the  judges  to  see  that  there  is  no  ballot 
therein,  and  shall  then  be  publicly  closed  and  locked  and  the  key 
taken  by  one  of  the  judges. 

Sec  9.  The  city  clerk  shall  provide  two  poll  lists  for  each  ward 
with  columns  ruled  for  the  name  and  number  of  each  voter.  The 
poll  lists  may  be  in  the  following  form,  to  wit : 

Poll  list  of  voters  in  the ward  of  the  city  of  Springfield  at 

the  charter  (or  special)  election  held  at in  said  ward  on 

the day  of , A.  D.  185 — , as  follows,  to  wit : 


No. 

Names  of  Voters. 

No. 

Names  of  Voters. 

1 

A.  B. 

24 

W.  X, 

2 

C.  D. 

25 

Y.  Z. 

The  clerks  of  election  shall  keep  the  poll  lists  and  shall  write 
down  the  names  and  number  of  voters  in  the  order  in  which  they 
vote,  marking  the  letter  S”  opposite  to  the  names  of  all  persons 


10 


74 


okdinancp:s 


who  may  be  challenged  and  sworn.  They  shall  also  keep  in  a 
separate  list  the  names  of  all  persons  whose  votes  are  rejected  ; 
and  the  ballots  offered  by  such  persons  shall  be  kept  by  the  judges 
with  the  name  of  the  person  indorsed  thereon. 

Sec.  10.  The  mode  of  voting  shall  be  by  ballot.  The  ballot 
shall  consist  of  a single  piece  of  white  paper,  on  which  shall  be 
printed,  or  written,  or  partly  both,  the  name  of  each  person  voted 
for,  with  the  name  of  the  office  to  which  the  voter  wishes  him 
elected,  and  without  any  marks  or  figures  on  the  back  thereof  in- 
tended to  designate  one  ballot  from  another.*  The  ballot  shall  be 
folded  by  the  voter,  and  if  received,  placed  in  the  ballot  box  by 
the  judges  ; but  any  person  may  vote  an  open  ballot  if  he  chooses. 
The  judges  shall  not  open  or  examine  any  ballot  offered,  except 
so  far  as  to  ascertain  whether  it  be  single  or  not ; and  if  any  ballot 
shall  be  discovered  to  be  double  it  shall  be  rejected,  and  the  person 
offering  the  same  shall  not  vote  at  that  election.  Nor  shall  the 
judges  mark  any  ballot  except  wdien  the  vote  of  the  person  offering 
it  is  rejected. 

Sec.  11.  Every  w'hite  male  citizen  of  the  United  States  of  the 
age  of  twenty-one  years,  and  every  wffiite  male  inhabitant  of  the 
age  aforesaid,  wffio  was  a resident  of  this  state  on  the  first  day  of 
April,  A.  D.  1848,  who  has  actually  resided  in  this  state  one  year, 
and  in  this  city  six  months,  and  in  the  w^ard  in  wdiich  he  proposes 
to  vote,  for  ten  days  next  preceding  the  election,  shall  be  entitled 
to  vote  in  said  ward.  All  persons  shall  be  deemed  residents  of  the 
ward  in  which  they  are  accustomed  to  lodge. 

Sec.  12.  The  judges  or  any  legal  voter  of  the  w’ard  shall  have 
the  right  to  challenge  any  vote.  When  any  person  offering  to 

* Under  the  state  election  law  of  1849,  which  provides  that  “ no  ballot  shall  be  received 
or  counted  unless  the  same  is  written  or  printed  upon  white  paper,  without  any  marks  or 
figures  thereon  intended  to  distinguish  one  ballot  from  another,”  where,  upon  an  election 
being  held,  some  of  the  ballots  were  rejected  on  account  of  the  blue  lines  ruled  in  the 
paper  by  the  manufacturer,  and  the  bluish  tint  of  the  paper,  it  appearing  that  the  ruled 
lines  were  not  marks  placed  upon  the  ballots  for  the  purpose  of  distinguishing  one  from 
another,  but  that  the  paper  was  casually  used — it  was  held  that  the  ballots  were  upon 
white  paper  within  the  meaning  of  the  law  and  should  not  have  been  rejected,  and  having 
been  once  received  by  the  judges  without  objection,  their  rejection  afterwards,  for  that 
cause,  would  be  a fraud  upon  the  voters.  People  vs.  Killduff,  15  Ills,  Rep.  600. 


r 


ELECTIONS.  75 

vote  shall  be  challenged,  and  shall  not  be  able  to  prove  bj  compe- 
tent evidence,  that  he  is  legally  entitled  to  vote,  to  the  satisfaction 
of  the  judges  and  the  person  challenging,  the  judges  shall  cause  to 
be  administered  to  him  the  following  oath  : 

“i  swear  (er  affirm)  that  I am  of  the  age  of  twenty-one  yearsy 
that  I am  a citizen  of  the  United  States,  (or  teas  a resident  of 
this  state  at  the  time  of  the  adoption  of  the  Constitutiori,)  \_April 
1st,  1848,]  and  have  been  a resident  of  this  state  one  year,  and  a 
resident  of  this  city  six  months  immediately  preceding  this  election, 
and  am  now  and  have  been  for  the  last  ten  days  past,  a resident 
of  this  ward,  and  have  not  voted  at  this  e-lectionU 

If  any  person  challenged  shall  refuse  to  take  the  oath,  his  vote 
shall  be  rejected.  If  he  shall  take  the  oath,  his  vote  shall  be  re- 
ceived, unless  his  oath  shall  be  proved  to  be  false,  to  the  satisfac- 
tion of  a majority  of  the  judges.* 

Sec.  13.  In  case  it  shall  be  necessary  to  suspend  the  voting, 
or  to  adjourn  for  dinner  before  the  polls  are  closed,  or  to  adjourn 
the  canvassing  of  the  ballots  after  the  polls  are  closed,  in  either 
case  the  ballot  box  shall  be  publicly  opened  in  the  presence  of  all 
the  judges,  and  the  poll  lists  placed  therein.  The  ballot  box  shall 
then  be  taken  and  sealed,  and  the  opening  in  the  top  sealed  by  the 
judges,  and  the  box  delivered  to  one  of  the  judges  and  the  key  to 
another,  to  be  so  kept  until  the  re-opening  of  the  polls,  or  until 
they  shall  meet  for  canvassing  the  ballots. 

Sec.  14.  The  clerks  shall,  from  time  to  time,  and  at  the  closing 
of  the  polls,  examine  and  compare  their  poll  lists  and  correct  all 
errors  therein,  under  the  direction  of  the  judges,  until  they  shall 
correspond.  When  the  polls  are  finally  closed  the  judges  and 
clerks  shall  proceed  to  canvass  the  ballots,  and  shall  first  count  all 
the  ballots  unopened,  except  so  far  as  to  ascertain  whether  a ballot 
be  single  or  not ; if  two  or  more  ballots  shall  be  found  folded  to- 
gether they  shall  be  rejected.  If,  after  counting  the  ballots,  and 
rejecting  such  as  are  double,  the  number  of  ballots  received  shall 


When  a vote  is  tendered  at  an  election  and  the  oath  required  by  law  is  taken  and  not 
proven  to  be  false — by  evidence  satisfactory  to  a majority  of  the  judges — they  have  no  dis- 
cretion, but  must  receive  the  vote.  Spragins  vs.  Houghton,  2 Scam.  Rep.  408, 


76 


ORDINANCES. 


exceed  the  number  of  votes  polled,  the  judges  shall  replace  the  bal- 
lots in  the  box,  and  after  shaking  them  up,  draw  out  by  lot  and 
destroy  the  number  of  the  excess. 

Sec.  15.  In  canvassing  the  ballots,  the  clerk  shall  mark  down 
the  votes  each  candidate  receives,  and  the  office  which  he  is  voted 
for  in  the  ballot  as  the  ballots  are  read  by  the  judges.  If  any  bal- 
lot shall  contain  a greater  number  of  names  of  persons  voted  for 
for  any  office  than  there  are  persons  to  be  elected  to  that  office,  it 
shall  be  void  so  far  as  that  office  is  concerned.  No  ballot  shall  he 
rejected  if  the  judges  can  determine  to  their  satisfaction  the  person 
intended  to  be  voted  for,  and  the  office  which  the  voter  intended 
he  should  fill.  If  two  or  more  ballots  shall  be  found  folded  to- 
gether they  shall  all  be  rejected  : or  if  any  ballot  shall  have  any 
mark  or  figure  on  the  outside  thereof,  intended  to  distinguish  one 
ballot  from  another,  it  shall  be  rejected.  The  ballots  shall,  when 
the  count  is  finished,  be  placed  in  the  ballot  box  and  sealed  up  and 
returned  to  the  city  clerk  with  the  returns.  The  list  of  rejected 
votes,  and  the  rejected  ballots,  shall  also  be  sealed  up  in  a separate 
envelop  and  placed  in  the  ballot  box  with  the  ballots. 

Sec.  16.  The  clerks  shall  each  make  out  returns  of  the  election, 
by  writing  in  full  the  name  of  each  person  voted  for,  the  number  of 
votes  received  by  him,  and  the  office  for  which  he  w^as  voted  for. 
The  returns  may  be  in  the  following  form : 


“ At  an  election  held  at  , in  the  ward  of  the  city  of 

Springfield,  on  the  day  of 185 — , the  following 

named  persons  received  the  number  of  votes  set  opposite  to  their 
respective  names,  for  the  following  described  offices,  to  wit : 

A.  B.  had  one  hundred  votes  for  mayor, 

C.  D.  had  ninety-nine  votes  for  mayor, 

[And  so  on  through  the  whole  list  of  officers  voted  for  f 
Certified  by  us  at  Springfield,  this day  of 185 — . 


A.  B., 

C.  D.,  y Judges. 
E.  F., 


Clerks. 


ELECTIONS. 


7T 


Sec.  17.  Upon  completing  the  returns,  the  judges  shall  inclose 
them  in  two  envelops  with  a poll  list  in  each,  and  shall  seal  and 
direct  them  to  the  “ city  clerk  of  the  city  of  Springfield,”  marked 
‘‘  Election  Returns.”  The  judges  shall  then  choose  one  of  their 
number  who  shall  deliver  one  of  the  returns  with  the  ballot  box  and 
ballots  to  the  city  clerk  within  three  days.  The  other  return  shall 
be  given  to  another  of  the  judges,  who  shall  keep  it  for  at  least 
one  year.  If  any  judge  of  elections  chosen  to  deliver  the  returns 
and  ballot  box  and  ballots  to  the  city  clerk,  shall  not  deliver  the 
same  safely,  with  the  seal  unbroken,  within  three  days  after  the 
election,  he  shall  be  subject  to  a penalty  of  not  less  than  fifty 
dollars. 

Sec.  18.  When  all  the  returns  shall  be  filed  with  the  city 
clerk,  he  shall,  without  delay,  notify  the  mayor  or  any  two  aider- 
men  thereof,  who  shall  immediately  call  a meeting  of  the  city  coun- 
cil. The  city  clerk,  in  the  presence  of  the  city  council,  shall  open 
the  several  returns  and  canvass  the  same,  and,  when  finished,  the 
city  council  shall  declare  the  result,*  and  the  clerk  shall  enter  the 
same  at  full  on  the  journals,  naming  each  person  voted  for,  the 
number  of  votes  he  received,  for  what  office,  and  who  is  elected. 

Sec.  19.  When  two  or  more  candidates  for  any  elective  office 
shall  have  an  equal  number  of  votes  for  such  office,  the  election 
shall  be  determined  by  the  casting  of  lots  in  the  presence  of  the 
city  council,  in  the  manner  following.  There  shall  be  placed  in  a 
ballot  box  as  many  folded  ballots  as  there  are  persons  having  an 
equal  number  of  votes.  On  one  of  the  ballots  the  name  of  the  of- 
fice for  which  the  candidates  were  voted  for  shall  be  written,  and 
the  other  ballot  shall  have  some  other  word  written  upon  it.  The 
candidates  shall  then  each  draw  one  ballot,  and  the  candidate 
drawing  the  ballot  on  which  the  name  of  the  office  is  written  shall 
be  declared  elected.  If  any  candidate  shall  be  absent,  or  shall  re- 


* When  the  law  requires  the  judges  of  elections  to  make  out  their  returns  certified  by 
them — return  the  same  to  the  city  t uncil  or  other  proper  oflicers  who  constitute  a board 
of  canvassers,  the  latter  can  only  declare  the  result  as  shown  by  the  returns  of  the  judges, 
and,  unless  the  election  is  contested,  can  not  pass  upon  the  qualifications  of  voters  or  re- 
«anvasB  the  ballots  and  reject  any  of  them.  People  vs.  Killduff,  15  Ills.  Rep.  500. 


78 


ORDINANCES. 


fuse  to  draw  a ballot,  the  city  council  shall  appoint  one  of  their 
number  to  draw  for  such  candidate. 

Sec.  20.  The  city  clerk  shall,  within  three  days  after  any  per- 
son is  declared  elected  to  any  office,  deliver  to  the  marshal  a writ- 
ten notice,  directed  to  the  person  elected,  notifying  him  of  his 
election,  naming  the  office  to  which  he  has  been  declared  elected, 
and  requesting  him  to  qualify  within  twenty  days  after  such  notice. 
The  marshal  shall,  without  delay,  deliver  the  notice  to  the  person 
to  whom  it  is  directed. 

Sec. '21.  The  city  marshal  and  all  other  police  officers  shall  at- 
tend at  all  elections,  for  the  purpose  of  maintaining  order  and 
keeping  the  peace.  The  judges  shall  preserve  order  at  the  polls 
and  may  command  any  police  officer  in  attendance  to  arrest  any 
person  who  shall  disturb  the  peace  by  riotous  or  disorderly  con- 
duct. Any  person  who  shall  at  the  polls  break  or  disturb  the 
peace,  or  conduct  himself  in  a riotous  or  disorderly  manner,  shall 
be  subject  to  a penalty  of  not  less  than  five  dollars. 

Sec.  22.  If  any  person  shall  illegally  vote  or  attempt  to  vote  at 
any  election,  or  being  a legal  voter  shall  vote  or  attempt  to  vote  a 
second  time  at  the  same  election,  or  shall  knowingly  vote  or  at- 
tempt to  vote  more  than  one  ballot  at  any  election,  he  shall  in  each 
case  be  subject  to  a penalty  of  not  less  than  fifty  dollars. 

Sec.  23.  Whoever  shall  aid,  abet,  or  encourage  any  person  to 
vote  or  attempt  to  vote  illegally  at  any  election,  shall  be  subject  to 
a penalty  of  not  less  than  fifty  dollars. 

Sec.  24.  Any  judge  of  elections  who  shall  refuse  to  receive  the 
vote  of  any  legal  voter  who  shall  take  or  offer  to  take  the  oath 
herein  required,  unless  there  shall  be  evidence  satisfactory  to  a 
majority  of  the  judges  that  the  vote  of  such  person  is  clearly  illegal, 
or  who  shall  receive  the  vote  of  any  person  challenged  who  shall 
refuse  to  take  the  oath  herein  required,  shall,  in  each  case,  be  sub- 
ject to  a penalty  of  not  less  than  fifty  dollars. 

Sec.  25.  Any  judge  or  clerk  of  elections  who  shall  knowingly 
admit  or  receive  any  illegal  vote,  or  shall  knowingly  permit  any 
person  to  vote  more  than  once  at  the  same  election,  or  to  vote  more 
than  one  ballot,  or  shall  be  guilty  of  any  fraud,  corruption,  par- 


ELECTIONS. 


79 


tiality,  or  manifest  misbehavior  in  the  discharge  of  the  duties  re- 
quired of  him,  or  shall  willfully  neglect  or  refuse  to  discharge  or 
perform  any  duty  herein  required,  shall,  in  each  case,  be  subject  to 
a penalty  of  not  less  than  fifty  dollars. 

Sec.  26.  Whoever  shall,  at  aii}^  election,  by  force  seize  or  at- 
tempt to  seize,  or  carry  away  any  ballot  box  or  poll  list  shall  be 
subject  to  a penalty  of  not  less  than  one  hundred  dollars. 

Sec.  27.  If  at  any  election  any  ballot  box  shall  be  carried 
away  or  destroyed  so  that  the  ballots  therein  can  not  be  counted, 
the  election  shall  be  void  and  the  city  council  shall  order  a new 
election. 

Sec.  28.  Any  candidate  for  any  elective  office  who  shall  desire 
to  contest  the  validity  of  any  election,  or  the  right  of  any  person 
declared  elected,  to  hold  the  office  to  which  he  claims  the  right, 
shall  within  ten  days  after  the  election  give  notice  of  his  intention 
in  writing,  to  the  person  whose  election  he  intends  to  contest ; or 
if  such  person  can  not  be  found,  he  shall  leave  a similar  notice  at 
his  usual  residence,  stating  in  such  notice  the  specific  reasons  for 
which  his  election  will  be  contested.  He  shall  also  notify  the  city 
clerk  of  his  intention  to  contest  such  election,  by  filing  a copy  of 
the  notice  with  him;  and  the  city  clerk  shall  not,  after  the  filing 
of  the  notice  with  him,  issue  any  certificate  of  election  to  the  per- 
son whose  election  is  contested.  The  city  clerk  shall  report  such 
notice  to  the  next  meeting  of  the  city  council,  and  the  city  coun- 
cil shall  fix  a time  for  the  hearing  and  examining  into  such  contest 
within  thirty  days ; and  at  the  time  specified  shall  hear  and  ex- 
amine all  the  testimony  under  oath  if  required  which  may  be  of- 
fered by  both  parties  touching  the  case,  and  shall  determine  who  is 
entitled  to  the  place  contested  by  a vote  upon  a call  of  the  yeas” 
and  ^^nays,”  and  the  city  clerk  shall  enter  the  determination  at 
full  upon  the  journal. 

Sec.  29.  If  the  election  to  the  office  of  mayor  is  contested,  and 
the  person  Avhose  election  is  contested  is  in  possession  of  the  office, 
the  city  council  shall  choose  one  of  their  number  as  presiding  of- 
ficer, until  the  contest  shall  be  determined. 

Sec.  30.  The  mayor  or  presiding  officer  of  the  city  council 


80 


ORDINANCES. 


shall  issue  warrants  under  the  corporate  seal  for  all  witnesses  that 
may  be  required,  and  deliver  the  same  to  the  city  marshal,  who 
shall  serve  the  same  by  reading,  or  by  delivery  of  a copy  thereof 
to  the  person  summoned,  and  shall  make  return  in  what  manner  he 
has  executed  the  same  ; and  any  person  who  shall  neglect  or  refuse 
to  appear  or  to  testify  wdien  so  required  and  summoned,  shall  be 
subject  to  a penalty  of  not  less  than  twenty-five  dollars,  and  may 
be  compelled  to  appear  or  to  testify  in  any  other  legal  manner. 
When  any  witness  may  be  unable  to  attend  from  sickness  or 
other  cause,  or  is  beyond  the  jurisdiction  of  the  city  council,  his 
deposition  taken  in  accordance  with  the  laws  of  the  state  may  be 
read  in  evidence. 

Sec.  31.  Judges  and  clerks  of  elections  shall  each  be  entitled 
to  receive  two  dollars  for  each  day  they  may  be  actually  engaged 
in  holding  and  conducting  any  election  ; and  the  city  clerk  may 
draw  his  warrant  on  the  treasurer  for  the  same  in  favor  of  the  per- 
son entitled  thereto. 

Passed  May  14,  1856. 


CHAPTER  XI. 

FIRE  DEPARTMENT. 

An  Ordinance  organizing  the  Fire  Department. 

DIVISION  I. — OF  THE  ORGANIZATION,  ETC.,  OF  FIRE  DEPARTMENT. 

Section  1.  The  fire  department  of  the  city  shall  consist  of  the 
mayor,  the  aldermen,  the  city  marshal  and  police  constables,  a 
chief  engineer  and  two  assistant  engineers,  and  such  members  of 
organized  fire  companies  as  may,  from  time  to  time,  be  appointed 
and  confirmed  by  the  city  council. 

Sec.  2.  The  city  council  may,  from  time  to  time,  procure  the 
necessary  engines,  hose,  hooks  and  ladders,  buckets,  and  other  fire 
apparatus  for  the  use  of  the  fire  department,  and  shall  provide 


FIRE  DEPARTMENT. 


81 


convenient  places  for  the  safe  keeping  thereof ; and  such  fire  ap- 
paratus shall  be  kept  in  the  best  order  for  immediate  use,  bj  the 
officer,  person,  or  company  having  charge  of  the  same  ; and  who, 
when  any  such  apparatus  may  need  repairs,  shall,  without  delay, 
notify  the  mayor  thereof,  who  shall  immediately  cause  all  necessary 
repairs  to  be  made. 

Sec.  3.  The  mayor,  or  in  his  absence,  the  chairman  of  the 
committee  on  fire  and  water,  shall  have  and  exercise  a general 
supervision  over  the  fire  department ; and  he  shall  report  to  the 
city  council,  quarterly  on  the  first  Mondays  of  January,  April, 
July,  and  October  in  each  year,  or  oftener  if  required  or  neces- 
sary, the  condition  of  the  engines,  hose,  hooks  and  ladders,  buckets 
and  other  fire  apparatus  which  may  belong  to  the  fire  department, 
and  of  the  buildings  in  which  they  may  be  kept,  and  shall  recom- 
mend such  additions,  improvements  or  alterations  as  may  be 
deemed  expedient  or  necessary.  He  shall  also  examine  into  the 
condition  of  such  fire  companies  as  may  belong  to  the  fire  depart- 
ment, and  report  whether  their  organization  is  efficiently  preserved, 
their  records  properly  kept,  and  their  by-laws  duly  observed  by 
the  members,  and  a non  compliance  therewith  strictly  enforced  by 
the  company.  He  shall  also,  from  time  to  time,  report  the  names 
of  such  persons  as  may  have  been  admitted  members  of  any  organ- 
ized fire  company,  for  confirmation  by  the  city  council,  and  shall 
report  to  the  city  council  the  names  of  such  officers  or  members  of 
the  fire  department  as  have  disobeyed  orders,  or  neglected  or  re- 
fused to  perform  any  duty  required  of  them. 

Sec.  4.  The  chief  engineer  of  the  fire  department,  or,  in  his 
absence,  the  assistant  engineer,  who  may  first  be  in  attendance  at 
any  fire,  shall  take  the  command,  and  all  officers  and  members  of 
the  fire  department,  and  by-standers,  shall  observe  and  obey  the 
orders  and  directions  of  the  officer  in  command.  The  aldermen 
shall  report  themselves  at  each  fire  to  the  officer  in  command,  and 
shall  aid  and  assist  in  procuring  supplies  of  water  for  the  engines 
or  buckets,  in  forming  lines  for  the  passage  of  water,  in  preventing 
the  hose  from  being  trodden  upon,  in  keeping  all  idle  or  suspicious 
persons,  or  persons  not  usefully  employed,  out  of  the  way  and  from 
11 


82 


ORDINANCES. 


the  vicinity  of  the  fire,  and  in  preserving  and  protecting  property 
from  damage  or  loss  by  fire  or  theft. 

Sec.  5.  The  city  marshal  and  all  other  police  oflScers  of  the 
city,  shall,  at  each  fire,  without  delay,  report  themselves  to  the  of- 
ficer in  command,  and  remain  and  be  subject  to  his  orders  and  di- 
rections, in  preserving  and  protecting  property,  and  in  aiding  in 
extinguishing  the  fire,  and  in  discharging  police  duty.  The  super- 
visor shall  also  report  himself  at  each  fire,  and  shall,  as  far  as  in 
his  power,  preserve  and  protect  any  planked  street  or  sidewalk 
from  injury.  If  the  marshal,  the  supervisor,  or  any  police  officer 
shall  neglect  to  attend  at  any  fire,  without  a satisfactory  excuse, 
or  shall  refuse  or  willfully  neglect  to  perform  any  duty  herein  re- 
quired of  him,  he  shall  be  subject  to  a penalty  of  not  less  than  five 
dollars. 

Sec.  6.  The  firemen  may  be  divided  into  companies  of  engine- 
men,  hosemen,  hook  and  ladder  men,  and  bucket  men.  Each  com- 
pany may  adopt  such  organization  and  choose  such  officers,  subor- 
dinate to  the  ordinances  of  the  city,  as  may  be  deemed  best 
calculated  efficiently  to  accomplish  the  objects  and  purposes  con- 
templated, and  may  be  composed  of  not  less  than  thirty,  and  not 
exceeding  sixty  active  members,  or  such  number  as  the  city  council 
may,  from  time  to  time,  prescribe.  The  several  fire  companies 
shall  have  the  charge  and  custody  of  such  engines  or  other  fire  ap- 
paratus as  may  be  delivered  to  them,  and  of  the  buildings  in  which 
the  same  may  be  kept,  and  shall  cause  all  such  fire  apparatus  to  be 
kept  and  preserved  in  the  best  order  for  immediate  use. 

Sec.  T.  Upon  an  alarm  of  fire,  the  different  fire  companies, 
under  the  command  of  their  proper  officers,  shall  repair  to  the 
place  of  the  fire  with  their  engines  or  other  fire  apparatus,  and 
there  work  and  manage  the  same  under  the  direction  of  the  officer 
in  command,  or  in  his  absence,  place  and  manage  the  same  in  the 
most  effectual  manner  until  the  fire  is  extinguished.  No  fire  com- 
pany shall  leave  any  fire,  or  shall  remove  their  fire  apparatus  there- 
from, without  the  order  or  permission  of  the  officer  commanding ; 
and  when  the  same  is  given,  shall  return  their  engines  or  other  fire 
apparatus  well  cleansed  and  in  good  order  to  the  place  of  deposit. 


FIRE  DEPARTMENT. 


83 


Sec.  8.  No  person  shall  use  any  fire  apparatus  for  any  private 
purpose ; nor  shall,  without  authority,  remove  the  same  from  the 
place  of  deposit  thereof,  under  a penalty  of  not  less  than  five  dol- 
lars ; and  no  person  having  charge  of  any  fire  apparatus  shall  per- 
mit the  same  to  be  used  for  any  private  purpose,  under  a penalty 
of  not  less  than  five  dollars,  besides  being  personally  liable  for  all 
damages  that  may  occur  thereby. 

Sec.  9.  The  active  and  working  members  of  any  fire  company 
shall  be  exempt  from  serving  upon  any  jury,  or  working  upon  the 
streets  and  alleys,  or  paying  any  tax  for  the  same.  Each  com- 
pany shall,  from  time  to  time,  cause  to  be  returned  to  the  mayor, 
to  be  reported  by  him  to  the  city  council,  the  names  of  persons 
who  have  been  admitted  members  of  such  company,  and  the  names 
of  such  as  have  been  dismissed  from  or  ceased  to  be  members  of 
such  company.  And  each  company  shall,  on  the  first  Monday  of 
July,  annually,  cause  to  be  returned  to  the  mayor,  to  be  reported 
by  him  to  the  city  council,  a correct  list  of  all  the  active  and  work- 
ing members  then  actually  belonging  to  such  company.  The  city 
clerk  shall  keep  a register  of  the  names  of  the  active  and  working 
members  of  any  fire  company,  and  the  evidence  to  entitle  any 
member  to  the  exemption  herein  named  shall  be  the  clerk’s  certifi- 
cate, under  the  corporate  seal,  for  the  year  for  which  the  exemp- 
tion is  claimed. 

Sec.  10.  The  officer  in  command  at  any  fire,  may  direct  the 
tearing  down  or  removal  of  any  building,  erection  or  fence  for  the 
purpose  of  checking  the  progress  of  the  fire  ; and  with  the  concur 
rence  of  two  aldermen,  may  cause  any  building  or  other  erection  to 
be  blown  up  during  the  progress  of  the  fire,  if  deemed  necessary  to 
extinguish  or  check  the  same. 

Sec.  11.  The  mayor  or  any  alderman,  the  marshal,  the  chief 
engineer,  or  any  assistant  engineer,  or  the  officer  commanding  any 
fire  company,  may  require  all  male  persons  in  the  city,  and  all  by- 
standers to  aid  in  drawing  or  conveying  any  engine  or  other  fire 
apparatus  to  any  fire,  or  to  aid  in  managing  and  working  the  same 
while  at  any  fire,  or  otherwise  assist  in  extinguishing  the  fire,  or 
in  removing,  guarding,  and  protecting  property ; and  any  person 


84 


ORDINANCES. 


who  shall  neglect  or  refuse  so  to  aid  and  assist  when  so  required, 
shall  be  subject  to  a penalty  of  not  less  than  three  dollars. 

Sec.  12.  AYhoever  shall,  at  any  fire,  willfully  hinder,  delay,  re- 
sist,  or  obstruct  any  officer,  fireman,  or  other  person  in  the  dis- 
charge of  his  duty,  or  shall  neglect  or  refuse  to  obey  and  observe 
the  lawful  commands  of  any  officer,  or  shall  conduct  himself  in  a 
riotous  or  disorderly  manner,  shall,  in  each  case,  be  subject  to  a 
penalty  of  not  less  than  five  dollars. 

Sec.  13.  The  mayor  or  any  alderman,  or  other  officer  belong- 
ing to  the  fire  department,  may,  and  the  marshal  and  other  police 
officers  shall,  during  any  fire,  arrest  any  suspected  person,  or  any 
person  stealing  or  trespassing  upon  any  property,  or  any  person 
hindering,  resisting,  or  obstructing  any  officer  or  other  person  in 
the  discharge  of  his  duty,  or  neglecting  or  refusing  to  obey  the 
lawful  commands  of  any  officer,  or  conducting  himself  in  a riotous 
or  disorderly  manner,  and  if  necessary  detain  him  in  custody,  or 
commit  him  for  examination  until  he  can  be  brought  before  a com- 
petent court  or  magistrate. 

Sec.  14.  The  commanding  officer  may,  during  any  fire,  pre- 
scribe limits  in  the  vicinity  thereof,  within  which  no  person  not 
residing  therein,  or  not  connected  with  the  fire  department,  or  use- 
fully employed  in  aiding  in  extinguishing  the  fire,  shall  be  permit- 
ted to  come,  under  a penalty  of  not  less  than  three  dollars  ; and 
the  marshal  and  all  police  and  other  officers,  shall  aid  in  executing 
the  requirements  of  this  section.  The  city  marshal  may,  when 
necessary,  with  the  concurrence  of  the  mayor  or  two  aldermen, 
appoint,  as  property  guards,  such  a number  of  known  and  reputa- 
ble citizens  of  the  city,  as  may  be  necessary  to  aid  in  the  guarding, 
protecting  and  preserving  of  property  at  any  fire  ; and  the  persons 
so  appointed,  shall  have  and  possess  the  same  powers  as  police  of- 
ficers, during  the  time  they  shall  so  act,  and  the  marshal  shall  re- 
turn a list  of  such  persons  to  the  city  council,  and  they  shall  be  en- 
titled to  receive  such  reasonable  compensation  as  the  city  council 
may  allow. 

Sec.  15.  Whoever  shall  willfully,  maliciously  or  negligently 
break,  deface,  destroy,  or  otherwise  injure  any  fire  engine  or  other 


FIRE  DEPARTMENT. 


85 


fire  apparcTtus  belonging  to  the  city,  or  to  any  fire  company,  shall 
be  subject  to  a penalty  of  not  less  than  twenty- five  dollars,  and  in 
addition  thereto  the  expenses  which  may  be  incurred  in  repairing 
the  injuries  committed  shall  be  added  to  the  penalty  and  form  a 
part  thereof. 

DIVISION  II, — PRECAUTIONARY  REGULATIONS. 

Sec.  16.  All  stovepipes  shall  be  securely  put  up,  so  as  not  to 
be  in  danger  of  falling,  and  shall  lead  and  be  closely  fitted  into  a 
brick  or  stone  flue  or  chimney,  unless  the  mayor,  the  chief  engi- 
neer, or  two  aldermen  shall  deem  it  to  be  equally  safe  if  put  up 
otherwise,  and  shall  certify  the  same  in  writing.  If  any  stovepipe 
shall  lead  otherwise  than  into  a chimney  or  flue,  it  shall  not  pass 
through  any  roof,  nor  the  side  of  any  building,  nor  through  more 
than  one  ceiling  or  partition  before  leading  into  a chimney  or  flue, 
and  shall  be  separated  at  least  three  inches  from  any  wood  or  other 
combustible  material,  by  a double  circle  of  tin,  zinc,  or  sheet  iron 
connected  together  with  like  metal,  with  air  holes  through  the  con- 
necting metal,  between  the  pipe  and  the  wood.  All  stoves  put  up 
or  used  without  secure  aprons  or  hearths,  shall  be  placed  upon  a 
platform  of  brick,  zinc,  or  other  incombustible  material,  extending 
far  enough  around  the  same  to  prevent  the  fire  from  falling  upon 
the  floor,  and.  if  set  within  eighteen  inches  of  the  wood  work  of  any 
wall,  the  wall  shall  be  protected  with  a zinc  or  other  incombus- 
tible covering  so  as  effectually  to  prevent  taking  fire  from  the 
stove.  All  chimneys  or  flues  shall  be  built  of  brick  or  stone,  well 
laid  in  lime  morter,  and  shall  be  smoothly  plastered  on  the  inside 
thereof,  and  shall  be  constructed  in  such  a manner  as  that  they 
shall  settle  with  the  rest  of  the  building,  and  not  be  liable  to  sepa- 
rate or  crack  by  the  settling  of  the  building.  The  holes  for  the 
insertion  of  stovepipes  shall  be  made  with  an  iron,  stone,  or  earth- 
enware thimble  or  casing  inserted  into  the  chimney  or  flue,  and 
when  the  chimney  or  flue  shall  be  used,  such  holes,  unless  also  in 
use,  shall  be  securely  stopped  with  a tin,  iron,  or  zinc  stopper, 
having  a flange  of  at  least  one  inch  outside  the  chimney  or  flue. 
No  chimney  or  flue  built  in  any  loft  shall  be  used  unless  there  are 


86 


ORDINANCES. 


stairs  leading  to  such  loft,  or  it  is  otherwise  easy  of  access  at  all 
times.  Whoever  shall  put  up,  erect,  or  build  any  stove,  stovepipe, 
chimney,  or  flue  contrary  to  the  requirements  of  this  section,  shall 
be  subject  to  a penalty  of  not  less  than  three  dollars;  and  whoever 
shall  use  any  such  stovepipe,  stove,  chimney,  or  flue,  so  put  up  or 
erected  contrary  to  the  requirements  of  this  section,  shall  be  sub- 
ject to  a penalty  of  not  less  than  one  dollar  for  each  day  the  same 
may  be  so  used. 

Sec.  17.  No  person  shall  carry  or  use  any  lighted  candle, 
lamp,  or  fire  in  any  part  of  any  building,  or  stable,  where  any  hay, 
straw,  or  other  like  combustible  materials  are  kept,  without  secur- 
ing the  same  in  a lantern  or  other  secure  casing,  so  as  not  to  en- 
danger the  taking  fire  thereby,  under  a penalty  of  not  less  than 
three  dollars. 

Sec.  18.  All  mechanics  or  other  persons  using  or  occupying 
shops,  buildings  or  places  where  shavings  or  other  like  combustible 
materials  are  made  or  accumulated,  shall  clear  out  and  remove  such 
combustible  materials  from  the  building,  shops,  or  places,  and  the 
premises  adjacent  or  attached  thereto,  as  often  as  maybe  necessary 
to  prevent  the  dangerous  accumulation  thereof.  The  stove  used  in 
any  such  shop  or  building  shall  be  set  in  a box  or  frame,  extending 
at  least  six  inches  above  the  floor,  and  at  least  eight  inches  around 
and  outside  the  stove,  and  filled  or  lined  with  fire  proof  material ; 
the  pipe  of  such  stove  shall  be  carefully  put  up  as  is  herein  re- 
quired, and  all  lighted  candles  or  lamps  used  in  any  such  shops  or 
buildings  shall  be  set  in  a candlestick  or  stand,  not  liable  to  take 
fire,  and  all  such  lights  shall  be  kept  at  a secure  distance  from  any 
combustible  material.  Nor  shall  any  fire,  or  other  light  be  left 
burning  therein  when  no  person  may  be  in  such  shop  or  building. 
Whoever  shall  not  comply  with,  or  shall  violate  any  provision  of 
this  section  shall,  in  each  case,  be  subject_to  a penalty  of  not  less 
than  three  dollars. 

Sec.  19.  No  person  shall  carry  from  one  place  to  another,  any 
live  or  burning  coals  or  fire,  without  securing  the  same  in  such 
a manner  as  to  prevent  the  coals  or  sparks  from  falling  or  flying 
therefrom,  or  otherwise  so  as  not  to  endanger  any  building 


FIRE  DEPARTMENT. 


87 


or  property  thereby,  under  a penalty  of  not  less  than  three  dol- 
lars. 

Sec.  20.  No  person  shall  keep  or  deposit  any  ashes  in  any 
building,  or  in  any  place  within  twenty  feet  of  any  building,  shed, 
fence,  or  other  combustible  material  unless  within  a secure  and 
covered  metallic  or  earthenware  or  other  fire  proof  vessel,  or  in  a 
fire  proof  ash  house  without  wood  in  any  part  thereof,  under  a pen- 
alty of  not  less  than  three  dollars  ; and  all  soap  boilers  or  other 
persons  using  ashes  in  manufacture  in  any  wooden  ash  hopper  or 
other  wooden  structure,  shall  keep  them  well  dampened  or  satura- 
ted with  water,  under  a penalty  of  not  less  than  three  dollars. 

Sec.  21.  No  person  shall  stack  or  deposit  any  hay,  straw,  or 
other  like  combustible  materials  within  one  hundred  feet  of  any 
dwelling  house,  or  other  building  in  which  fire  may  be  kept,  with- 
out being  so  secured  and  inclosed  as  to  be  protected  from  sparks  of 
fire,  under  a penalty  of  not  less  than  three  dollars,  and  a like  pen- 
alty for  each  day  the  same  may  remain. 

Sec.  22.  No  person,  unless  it  may  be  raining  at  the  time  or 
the  air  still,  shall  set  fire  to  or  burn  any  shavings,  straw,  or  other 
combustible  materials  in  any  open  or  public  place  in  the  inhabited 
part  of  the  city ; nor  shall  any  person  at  any  time  set  fire  to  or 
burn  any  such  combustible  materials  in  any  open  or  public  place 
between  the  hours  of  nine  o’clock  A.  M.  and  five  o’clock  P.  M.,  or 
within  thirty  feet  of  any  building  or  other  property  likely  to  be 
endangered  or  damaged  thereby,  under  a penalty  of  not  less  than 
three  dollars  in  each  case. 

Sec"  23.  No  person  shall  boil  any  pitch,  rosin,  tar,  or  other  in- 
fiammable  liquid  or  substance  except  within  a fire  proof  building,  or 
in  some  open  place  at  least  thirty  feet  distant  from  any  building  or 
property  likely  to  be  endangered  or  damaged  thereby,  under  a 
penalty  of  not  less  than  three  dollars. 

Sec.  24.  No  person  shall  make,  kindle,  or  use  any  fire  in  any 
building  not  fire  proof,  or  in  any  shed  except  in  a secure  fireplace 
or  furnace  made  for  that  purpose ; nor  shall  any  person  make, 
kindle,  or  use  any  out  door  fire,  when  necessary  for  out  door  or 
other  work,  within  twenty  feet  of  any  building  or  other  property 


88 


ORDINANCES. 


likely  to  be  endangered  or  damaged  thereby,  unless  within  a secure 
furnace  made  for  that  purpose,  nor  shall  leave  any  such  out  door 
fire  burning  after  ceasing  to  use  the  same,  under  a penalty  of  not 
less  than  three  dollars  in  each  case. 

Sec.  25.  No  person  shall  set  fire  to  or  burn  out  any  chimney 
or  flue  except  in  the  day  time  and  when  it  may  be  raining  or  the 
roof  of  the  house  may  be  covered  with  snow,  under  a penalty  of  not 
less  than  three  dollars ; and  the  person  occupying  any  building 
shall  cause  all  chimneys,  flues  and  stove  pipes  which  may  be  used 
therein,  to  be  cleaned,  swept,  or  burned  out  at  least  once  during 
each  year,  and  as  much  oftener  as  may  be  necessary  to  prevent 
the  dangerous  accumulation  of  soot,  under  a penalty  of  not  less 
than  three  dollars. 

Sec.  26.  Whoever  shall  negligently  or  willfully  make,  kindle,  use, 
or  leave  any  fire,  or  shall  deposite,  leave,  or  use  any  ashes  or  other 
dangerous  combustible  or  inflammable  material,  liquid  or  substance, 
or  shall  leave  or  use  any  lighted  candle,  lamp,  or  gas  light,  at  such 
a time  or  in  such  a manner  as  to  cause  damage  or  injury  to  any 
building  or  other  property,  or  to  endanger  any  building  or  other 
property  likely  to  be  damaged  or  injured  by  such  negligent  or 
willful  act,  shall,  in  each  case,  be  subject  to  a penalty  of  not  less 
than  three  dollars. 

Sec.  27.  The  owner  of  any  building,  not  covered  with  fire 
proof  material  and  exceeding  one  story  in  height,  shall  cause  a 
suitable  scuttle  or  opening  to  be  constructed  in  the  roof  thereof, 
with  convenient  stairs  leading  thereto,  or  shall  provide  and  keep 
upon  the  premises  a substantial  ladder  long  enough  to  reach  the 
roof  of  such  building,  or  shall  provide  some  other  convenient  means 
of  access  to  the  same,  under  a penalty  of  not  less  than  three  dol- 
lars, and  a like  penalty  for  each  week  he  shall  fail  to  comply  with 
the  requirements  of  this  section. 

Sec.  28.  No  person  shall  trail,  strew,  or  leave  any  shavings, 
straw,  or  other  like  combustible  materials  in,  around,  or  near  any 
building  or  property,  so  as  to  endanger  or  be  likely  to  endanger  or 
damage  the  same  thereby,  under  a penalty  of  not  less  than  three 
* dollars. 


PIRB  DEPARTMENT. 


89 


Sec.  29.  No  lumber  yard  shall  hereafter  he  established  within 
the  fire  limits ; nor  shall  any  mechanic  or  other  person  keep  on 
hand,  for  manufacturing  purposes,  within  the  fire  limits,  more  than 
fifteen  thousand  feet  of  lumber  at  one  time,  under  a penalty  of  not 
less  than  twenty-five  dollars  in  each  case  ; and  all  persons  keeping 
or  having  lumber  on  hand  whether  within  or  without  the  fire  limits, 
shall  keep  the  same  piled  up  or  stacked  in  compact  piles,  and  shall 
not  permit  any  shavings,  straw  or  other  like  combustible  materials 
to  be  deposited  or  scattered  near  or  around  the  same,  under  a pen- 
alty of  not  less  than  three  dollars. 

Sec.  30.  The  mayor,  the  aldermen,  the  city  marshal  and  police 
constables,  shall  be  ez-o'^cio  fire  wardens ; and  they  and  the  chief 
engineer  and  assistant  engineers  of  the  fire  department  shall  have 
power  to  enter  all  buildings  and  premises  to  examine  whether  they 
are  in  a safe  condition ; and  shall  enforce  or  cause  to  be  enforced 
all  the  provisions  hereof,  and  shall  prosecute  or  cause  to  be  prose- 
cuted all  violations  of  the  same ; the  chief  engineer  or  one  of  the 
assistant  engineers  of  the  fire  department  shall,  during  the  month 
of  November  in  each  year,  examine  all  buildings  and  premises 
within  the  city  ; and  shall,  from  time  to  time,  or  whenever  request- 
ed by  the  owner  or  occupant  of  any  building  or  premises,  (or  the 
mayor  or  any  alderman,  when  so  requested)  shall  carefully  exam- 
ine the  same  or  any  contiguous  building  or  premises,  and  shall 
notify  and  require  the  owner  or  occupant  thereof  liable  therefor,  to 
cause  any  chimney,  flue,  stove,  stovepipe,  furnace,  ash  house,  or 
other  place  in  which  fire  may  be  kept  or  used  which  may  be  deemed 
unsafe  or  dangerous,  or  any  other  cause  from  which  immediate 
danger  of  fire  may  be  apprehended,  or  which  may  be  deemed  un- 
safe or  dangerous  in  causing  or  promoting  fires,  to  be  without  delay 
removed,  abated  or  placed  in  a safe  condition ; and  upon  the  neg- 
lect or  refusal  of  such  owner  or  occupant  to  comply  with  such  no- 
tice, he  shall  be  subject  to  a penalty  of  not  less  three  dollars,  and 
^ the  officer  shall,  without  delay,  cause  such  building  or  premises  to 
be  placed  and  put  in  a safe  condition ; and  the  necessary  costs 
thereof  shall  be  collected  of  such  owner  or  occupant  liable  therefor, 
and  recovered  by  suit  in  the  name  of  the  city,  before  any  court 
having  jurisdiction. 

12 


90 


ORDINANCES. 


DIVISION  III. — FIRE  LIMITS. 

Sec.  31.  All  that  part  of  the  city  embraced  within  blocks 
numbered  eight,  nine,  ten,  eleven,  twelve,  thirteen,  fourteen, 
fifteen,  twenty-one,  twenty- two,  and  twenty-three  of  the  original 
town  plat  of  the  town  (now  city)  of  Springfield,  with  such  other 
parts  of  the  city  as  may  hereafter,  from  time  to  time,  be  added 
thereto  by  ordinance,  shall  constitute  and  be  known  as  the  fire 
limits. 

Sec.  32.  No  building  or  part  of  any  building  shall  be  erected 
within  the  fire  limits,  unless  all  the  outside  walls  and  party  walls 
thereof  shall  be  built  of  stone,  brick,  or  other  fire  proof  material ; 
and  all  wooden  joists,  beams,  or  other  timbers,  placed  in  the  out- 
side or  party  walls,  shall  be  separated  from  each  other  at  least 
four  inches,  with  stone  or  brick  well  laid  in  mortar,  and  all  wooden 
lintals  or  plate  pieces,  placed  in  the  front,  rear,  or  side  walls,  shall 
recede  from  the  outside  of  the  wall  at  least  four  inches,  or  when 
they  shall  not  so  recede  shall  be  covered  with  fire  proof  material. 

Sec.  33.  All  roofs  and  gutters  hereafter  placed  on  any  brick 
or  other  fire  proof  buildings,  already  erected  or  to  be  erected,  shall 
be  covered  on  the  outside  surface  with  copper,  tin,  iron,  or  other 
fire  proof  material ; and  all  wooden  cornices  placed  upon  any  such 
building  shall  be  covered  with  like  fire  proof  material,  and  shall  be 
separated  from  the  wooden  cornice  or  other  wooden  part  of  any 
adjacent  building,  by  a brick  or  other  fire  proof  partition  of  at 
least  four  inches  ; nor  shall  any  of  the  outer  timbers  or  wood- 
woork  of  any  such  building  connect  with  any  of  the  interior  tim- 
bers or  woodwork ; but  the  roofs,  cupolas,  or  spires  of  churches  or 
other  public  buildings  belonging  to  the  United  States,  the  state  of 
Illinois,  the  county  of  Sangamon,  or  to  the  city,  which  may  stand 
thirty  feet  from  any  other  building,  or  the  roofs  of  buildings  al- 
ready erected  and  used  exclusively  for  private  dwelling  houses, 
may  be  covered  or  built  with  boards  or  shingles ; and  sheds  with  •» 
one  or  more  of  the  sides  entirely  open,  not  exceeding  ten  feet 
in  height  at  the  highest  part,  and  privies  not  exceeding  ten  feet 
square  and  ten  feet  in  height  may  be  built  of  wood. 


FIRE  DEPARTMENT. 


91 


Sec.  34.  All  outside,  end  and  party  fire  walls  of  anj;  brick  or 
other  fire  proof  building  shall  extend  above  the  roof  of  such  build- 
ing at  least  ten  inches  ; nor  shall  the  planking  or  sheeting  of  any 
roof  extend  across  the  fire  wall  of  such  building. 

Sec.  35.  No  wooden  building  or  part  of  any  wooden  building 
within  the  fire  limits,  shall  be  erected,  raised,  repaired  or  enlarged 
except  that  buildings  built  of  wood  and  used  exclusively  for  private 
dwelling  houses  may  be  repaired,  but  shall  not  be  raised  or  en- 
larged ; nor  shall  any  such  wooden  building  or  part  of  wooden 
building  within  the  fire  limits,  be  removed  to  any  other  place  within 
the  same  ; nor  shall  any  such  building  or  part  of  building  be  re- 
moved into  the  fire  limits,  from  without  the  same ; nor  shall  any 
wooden  building  within  the  fire  limits  which  may  become  dam- 
aged to  the  extent  of  fifty  per  cent  of  the  value  thereof  by  fire  or 
other  casualty,  be  repaired  or  rebuilt ; nor  shall  any  such  building 
when  the  damage  thereto  is  less  then  fifty  per  cent  of  its  value,  be 
so  repaired  as  to  be  raised  higher  than  the  highest  point  left  stand- 
ing after  such  damage  shall  have  occurred,  or  so  as  to  be  in  a bet-_ 
ter  condition  or  state  of  repair  than  before  such  damage,  or  so  as 
to  occupy  a greater  space  than  before  the  injury  thereto. 

Sec.  36.  The  extent  of  damage  that  may  be  done  to  any  such 
building  by  fire  or  other  casualty,  may  be  determined  by  three  dis- 
interested citizens  of  the  city,  one  of  whom  shall  be  selected  by  the 
owner  of  the  building  or  his  agent,  the  second  by  the  mayor  or  the 
majority  of  the  committee  on  fire  and  water,  and  the  two  so  chosen 
shall  select  a third,  and  the  decision  of  the  persons  so  chosen 
shall  be  final  and  conclusive. 

Sec.  37.  Any  owner,  builder,  or  other  person  who  shall  own, 
build,  or  aid  in  the  erection,  raising,  enlarging  or  repairing  of  any 
building  or  part  of  any  building  within  the  fire  limits  contrary  to 
or  in  any  other  manner  than  is  authorized  by  the  provisions  hereof ; 
or  whoever  shall  remove  or  cause  to  be  removed,  or  aid  in  removing 
^any  wooden  building  within  the  fire  limits  from  one  place  to 
another  within  the  same,  or  from  without  the  fire  limits  in  to  the 
same,  contrary  in  either  case  to  any  provision  hereof,  or  shall 
otherwise  violate  any  provision  hereof,  shall,  in  each  case,  be  sub- 


92 


ORDINANCES. 


ject  to  a penalty  of  not  less  than  one  hundred  dollars,  and  to  a 
like  penalty  for  each  week  he  shall  fail  to  comply  with  the  pro- 
visions hereof  or  continue  in  violation  of  the  same,  to  he  sued 
for  and  recovered  before  any  court  or  magistrate  having  juris- 
diction. 

Sec.  38.  Any  wooden  building  or  wooden  part  of  any  building 
which  may  be  erected,  raised,  enlarged,  repaired,  or  removed,  or 
which  may  be  in  a process  of  erection,  raising,  enlargement,  remo- 
val, or  repair,  contrary  in  either  case  to  any  provision  hereof,  shall 
be  deemed  and  is  hereby  declared  to  be  a nuisance,  and  the  mayor 
shall,  upon  information  of  any  such  violation,  give  due  and  reason- 
able notice  to  the  owner  or  builder  of  such  building  to  abate, 
remedy,  or  remove  the  same  or  such  part  thereof  as  may  be  neces- 
sary ; and  upon  his  failure  to  comply  with  such  notice,  the  mayor 
shall,  by  an  order  in  writing,  require  the  city  marshal  to  remove 
or  tear  down  such  building  or  such  part  thereof  as  may  be  neces- 
sary ; and  the  city  marshal  shall  execute  the  order  of  the  mayor, 
and  shall  report  the  costs  and  expenses  of  such  removal  upon  oath 
to  the  city  council  for  allowance  ; and  such  costs  and  expenses  may 
be  collected  of  the  owner  or  builder  of  such  building,  liable  there- 
for, by  suit  in  the  name  of  the  city  before  any  court  having  juris- 
diction, or  assessed  against  the  premises  chargeable  therewith,  and 
collected  by  warrant  and  sale  of  the  same,  in  the  same  manner  as- 
in  cases  of  other  nuisances. 

Passed  June  25,  1857. 


CHAPTER  XII. 

GAMING  AND  COUNTERFEITING  IMPLEMENTS. 

An  Ordinance  in  relation  to  Gaming  and  Counterfeiting  Implements. 

Section  1.  The  mayor,  or  any  police  magistrate,  the  marshal 
or  any  police  constable  shall  seize  or  cause  to  be  seized  and  brough 
before  any  police  magistrate,  or  reported  to  him,  any  gaming 


GAMING  AND  COUNTERFEITING  IMPLEMENTS. 


93 


table,  implement,  instrument,  or  device,  set  up  or  used  for  the  pur- 
pose of  gaming  therewith  ; or  any  implements,  instruments  or  de- 
vices used  for  the  purpose  of  gaming,  or  for  counterfeiting,  lock- 
picking, pocket-picking,  or  for  the  commission  of  burglary,  or  any 
Mexican  puzzle,  or  other  implement  or  device  used  by  cheats, 
vagrants  and  swindlers,  and  in  the  possession  of  any  person  with- 
out his  being  able  to  give  a good  account  of  the  possession  thereof. 
And  all  such  instruments,  implements  or  devices  shall  be  destroyed 
by  the  order  or  warrant  of  any  police  magistrate,  upon  his  being 
satisfied  that  they  are  used,  or  to  be  used,  or  likely  to  be  used  for 
any  unlawful  purpose. 

Sec.  2.  Any  police  magistrate,  upon  satisfactory  information 
that  any  gaming  table,  implement,  instrument  or  device  is  set  up 
or  used  for  the  purpose  of  gaming  therewith,  and  concealed  in  any 
premises,  or  that  any  implements,  instruments  or  devices  named  in 
the  preceding  section,  are  concealed  therein,  shall  issue  to  the 
marshal  or  any  police  ofiicer  a warrant  for  searching  such  premises 
and  seizing  and  bringing  before  or  reporting  to  him  any  such  im-' 
plements,  instruments  or  devices  as  may  be  found  therein  ; and  the 
officer,  in  the  execution  of  such  warrant,  may  enter  such  suspected 
premises  peacebly  or  after  demand  made  and  refusal  to  admit  him, 
by  force  ; and  may  arrest  all  suspected  persons  found  therein,  and 
shall  seize  all  such  unlawful  tables,  implements,  instruments  or  de- 
vices, and  the  same  shall  be  destroyed  by  order  or  warrant  of  any 
police  magistrate,  as  is  required  in  the  preceding  section.  And 
whoever  shall  hinder,  delay,  resist,  or  obstruct  any  officer  in  the 
execution  of  any  duty  herein  required,  or  shall  aid  or  abet  the 
same,  shall  be  subject  to  a penalty  of  not  less  than  ten  dollars. 
Passed  August  13,  1856. 


94 


ORDINANCES. 


CHAPTER  XIII. 

GAS  LIGHT  COMPANY. 

An  Ordinance  granting  tlie  use  of  the  Streets,  Alleys,  and  Side  Walks  to  the  Spring- 

field  Gas  Light  Company.” 

I. — GRANTING  USE  OF  STREETS. 

Section  1.  The  Springfield  Gas  Light  Company  be,  and  is 
hereby  authorized  and  permitted  to  use  and  occupy  the  streets, 
alleys,  and  side  walks  of  the  city,  for  the  purpose  of  laying  down 
and  repairing  all  necessary  pipes  and  other  fixtures,  for  conduct- 
ing gas  for  light  in  and  under  the  streets,  alleys,  and  sidewalks  of 
the  city.  Provided : That  said  company  shall  complete  their  said 
works,  and  have  the  same  in  operation,  by  the  first  day  of  May, 
A.  D.  1855.  And  provided  further  : That  before  opening  or  oc- 
cupying any  street,  alley,  or  side  walk  for  the  purpose  aforesaid, 
the  proper  officer  of  said  company  shall  give  at  least  five  days’  no- 
tice thereof  to  the  city  supervisor.  Nor  shall  said  company,  in 
laying  down  or  repairing  its  pipes  or  other  fixtures,  unnecessarily 
obstruct  any  street,  alley,  or  side  walk,  nor  for  an  unreasonable 
time  ; and  shall,  within  a reasonable  time  after  using,  opening,  or 
occupying  any  street,  alley,  or  side  walk  for  laying  or  repairing 
pipes  or  other  fixtures,  replace  such  street,  alley,  or  side  walk  in 
the  same  condition,  as  near  as  may  be,  as  before  the  using,  open- 
ing, or  occupying  thereof,  and  shall,  from  time  to  time,  fill  up  and 
repair  all  depressions  or  uneavenness  in  any  street,  alley,  or  side 
wmlk,  caused  by  the  settling  of  the  ground  or  otherwise,  in  laying 
pipes  or  other  fixtures.  And  said  company  shall  be  liable  to  the 
city  of  Springfield,  and  to  private  persons,  for  all  damages  and  in- 
jury arising  from  the  use  or  occupancy  of  any  street,  alley,  or 
side  walk  so  used  or  occupied  by  them  for  the  purpose  aforesaid. 

Sec.  2.  The  said  Springfield  Gas  Light  Company  shall  erect 
and  furnish,  when  required  by  the  city  council,  all  necessary  street 
lamps,  lamp  posts,  burners,  and  other  fixtures  equal  in  quality  to 
those  in  use  in  the  city  of  Chicago  ; and  shall  keep  all  street  lamps 
lighted  during  such  times  and  hours  as  shall  be  required  by  the 


GAS  LIGHT  COMPANY. 


95- 


city  council  ;*  such  times  and  hours  to  be  regulated  in  the  manner 
customary  in  other  cities.  The  city  to  pay  to  said  company  at  the 
rate  of  twenty  dollars  per  annum  for  the  use  of  each  lamp  and  the 
gas  consumed  therein,  and  five  dollars  in  addition  thereto,  for 
lighting,  extinguishing,  repairing,  and  keeping  the  same  in  order, 
payable  quarterly. 

Sec.  3.  The  Springfield  Gas  Light  Company  shall,  before  pro- 
ceeding to  act  under  this  ordinance,  notify  the  city  council  of  the 
acceptance  thereof,  by  notice  in  writing,  which  shall  be  entered  in 
full  upon  the  journals  of  the  city  council. 

Passed  April  20,  1854. 

n. — ESTABLISHING  LAMP  DISTRICT,  ETC. 

An  Ordinance  in  relation  to  Street  Lamps  and  establishing  the  Lamp  District. 

Section  1.  All  that  part  of  the  city  situated  within  one  half 
block  of  the  public  street  lamps  which  are  now  or  may  hereafter  be 
erected  along  any  street  by  order  of  the  city  council,  shall  consti- 
tute the  Lamp  District”  of  the  city. 

Sec.  2.  The  city  council  may,  from  time  to  time,  order  the 
erection  .of  street  lamps,  by  giving  reasonable  notice  thereof  to  the 
Springfield  Gas  Light  Company.  The  mayor  and  committee  on 
gas  light  shall  direct  the  location  of  the  public  street  lamps,  and 
shall  cause  them  to  be  so  placed  along  the  streets  as  to  diffuse  the 
light  as  equally  as  may  be. 

Sec.  3.  The  Springfield  Gas  Light  Company  shall  keep  the 
street  lamps  well  cleaned,  and  shall  cause  them  to  be  lighted  at 
twilight  in  the  evening,  and  shall  keep  them  lighted  until  the  dawn 
of  day  in  the  morning,  except  when  the  clear  moonlight  shall  ren- 
der it  unnecessary. 

Sec.  4.  The  gas  light  used  in  the  street  lamps  shall  be  of  an 
illuminating  power  equal  to  the  gas  light  used  in  the  street  lamps 
of  the  cities  of  Chicago  and  Saint  Louis,  and  if  at  any  time  there 
is  not  a sufficiency  of  light,  by  reason  of  there  not  being  a sufficient 
flow  of  gas,  or  the  lamps  not  being  clean,  or  otherwise,  the  gas 


* See  Section  3 of  Ordinance,  Poet  II. 


96 


ORDINANCES. 


light  company,  upon  notice  to  the  superintendent  or  president  of 
the  company,  by  any  member  of  the  gas  light  committee,  shall  im- 
mediately, or  as  soon  as  may  be,  remedy  the  same,  and  upon  a 
failure  to  do  so,  shall  be  subject  to  a reasonable  deduction  in  their 
quarterly  account,  in  the  discretion  of  the  city  council. 

Sec.  5.  All  street  lamps  ordered  by  the  city,  and  erected  by 
the  gas  light  company,  shall  be  subject  to  the  inspection  and  ap- 
proval of  the  gas  light  committee,  before  being  lighted  at  the 
charge  of  the  city ; and  the  gas  light  company  shall  cause  the 
same  to  be  numbered  in  consecutive  numbers  from  one  upwards. 

Sec.  6.  The  city  clerk  shall  cause  a copy  of  this  ordinance  to 
be  delivered  to  the  president  and  superintendent  of  the  Springfield 
Gas  Light  Company. 

Passed  June  18,  1855. 

III. — SCPPLEMENTAL  ORDINANCE. 

An  Ordinance  supplemental  to  an  Ordinance  entitled,  '^An  Ordinance  in  relation  to 
Street  Lamps,  and  establishing  the  Lamp  District.” 

Section  1.  The  mayor,  and  each  member  of  the  gas  light  com- 
mittee, shall  see  that  the  public  street  lamps  are  kept  well' cleaned, 
in  good  order  and  repair,  and  well  and  properly  lighted  ; and  when 
any  omission  on  the  part  of  the  Springfield  Gas  Light  Company  or 
its  agents  or  servants  to  do  the  same,  shall  come  to  the  knowledge 
of  either  of  them,  he  shall,  without  delay,  notify  the  president  or 
superintendent  of  the  gas  light  company  thereof,  and  if  such  omis- 
sion shall  not  be  remedied  within  a reasonable  time  after  such  notice, 
he  shall  report  the  fact  to  the  city  council. 

Sec.  2.  The  city  council  shall  annually,  at  the  time  of  levying 
taxes  for  general  purposes,  and  in  the  same  manner,  levy  and 
assess  upon  all  the  property  in  the  lamp  district,  a tax  sufficient 
to  defray  the  one  half  the  cost  and  expenses  of  lighting  the  streets 
in  such  district.  The  city  clerk  shall  enter  such  tax  in  the  appro- 
priate column  in  the  assessor’s  and  collector’s  warrant,  and  such 
tax  shall  be  collected  by  the  assessor  and  collector  in  the  same 
manner  in  all  respects  as  general  taxes,  and  paid  into  the  city 


GUNPOWDER. 


97 


treasury  to  the  credit  of  the  lamp  district ; and  the  treasurer  shall 
keep  a separate  account  thereof,  and  such  tax  shall  he  exclusively 
expended  for  lighting  the  streets  in  the  lamp  district. 

Sec.  3.  The  city  clerk  shall  keep  a Lamp  district  account,” 
and  shall  credit  the  same  with  all  lamp  taxes  collected,  and  all  ap- 
propriations for  street  lamps  from  the  general  fund,  and  charge 
the  same  with  all  warrants  drawn  on  account  of  street  lamps. 

Passed  June  25,  1857. 


CHAPTER  XIV. 

gunpowder. 

An  Ordinance  in  relation  to  Gunpowder. 

Section  1.  No  person  (except  persons  keeping  not  exceeding 
two  pounds  for  their  own  use)  shall  keep,  sell,  or  deliver  gunpow- 
der within  the  city,  in  any  quantity,  without  a permit  from  the  city 
council,  signed  by  the  mayor  and  city  clerk,  under  the  corporate 
seal,  under  a penalty  of  not  less  than  twenty-five  dollars. 

Sec.  2.  No  person  to  whom  any  permit  may  be  granted  to  keep 
or  sell  gunpowder,  shall  deposit  or  keep  in  store  exceeding  fifty 
pounds  of  gunpowder  within  the  city,  unless  such  gunpowder  shall 
be  kept  and  stored  in  a secure  fire  proof  powder  house  or  magazine 
built  for  that  purpose,  and  located  at  least  three  hundred  feet 
from  any  other  occupied  building,  nor  shall  at  his  place  of  business 
or  elsewhere  within  the  city,  keep  or  have  on  hand  at  one  time  for 
sale  or  delivery  exceeding  fifty  pounds  of  gunpowder,  whieh  shall 
be  kept  in  tin  or  other  metallic  canisters  or  cases,  containing  not 
exceeding  thirteen  pounds  each,  and  in  a part  of  the  building  re- 
mote from  any  fire,  candle,  lamp,  or  gas  light,  and  where  it  can  be 
easily  removed  in  case  of  fire  ; and  whoever  shall  violate  any  pro- 
vision of  this  section,  shall  be  subject  to  a penalty  of  not  less  than 
twenty  dollars  in  each  case. 

Sec.  3.  No  person  shall  sell  or  deliver  any  gunpowder,  cam- 

phene,  or  other  like  explosive  substance  or  liquid  by  any  fire,  can- 
13 


98 


ORDINANCES. 


die,  or  lamp  ligHt,  unless  in  sealed  cans,  canisters,  or  cases,  under 
a penalty  of  not  less  than  three  dollars. 

Sec.  4.  Each  person  to  whom  a permit  may  he  granted,  shall 
keep  a sign  with  the  words  “ gunpowder  for  sale,”  in  plain  and 
legible  letters  in  some  conspicuous  part  of  the  front  of  the  building 
occupied  by  him,  under  a penalty  of  not  less  than  three  dollars  for 
each  week  he  shall  neglect  so  to  do. 

Sec.  5.  No  person  shall  carry  or  convey  any  gunpowder,  in 
any  street,  alley  or  other  public  place,  in  a careless  or  negligent 
manner,  or  in  any  quantity  exceeding  two  pounds,  except  the  same 
be  inclosed  in  secure  canisters,  cases,  or  kegs,  so  as  to  prevent  it 
from  leaking  or  scattering,  nor  shall  remain  with  the  same  in  any 
street,  alley,  or  other  public  place  longer  than  is  necessary  for  the 
carrying  or  transportation  of  the  same  from  one  place  to  another, 
under  a penalty  of  not  less  than  five  dollars  in  each  case. 

Sec.  6.  Whoever  shall  bring  or  cause  to  be  brought  into  the 
city,  any  gunpowder  concealed  in  any  box,  barrel,  or  other  pack- 
age, or  any  package  containing  gunpowder  and  marked  or  purport- 
ing to  be  other  than  gunpowder,  shall  be  subject  to  a penalty  of 
not  less  than  twenty-five  dollars. 

Sec.  7.  Any  person  keeping  gunpowder  in  any  building,  shall 
in  case  of  such  building  taking  fire,  or  being  in  danger  of  taking 
fire  from  any  burning  building  near  or  adjacent  thereto,  immedi- 
ately cause  such  gunpowder  to  be  removed ; and  in  case  he  shall  be 
unable  to  remove  the  same,  he  shall  forthwith  notify  the  mayor,  or 
other  officer  in  command  at  such  fire,  of  the  location  and  quantity 
of  such  gunpowder  ; and  for  a failure  to  comply  with  the  require- 
ments of  this  section,  he  shall  be  subject  to  a penalty  of  not  less 
than  twenty-five  dollars. 

Sec.  8.  If  it  shall  come  to  the  knowledge  of  the  mayor,  or  he 
has  good  cause  to  believe  that  any  person  keeps  or  has  on  hand  a 
greater  quantity  of  gunpowder  than  is  authorized  herein,  he  shall 
direct  the  marshal  to  examine  the  premises  of  such  person,  and  if 
any  greater  quantity  than  is  herein  authorized  to  be  kept,  shall  be 
found,  the  marshal  shall  remove  the  whole  thereof,  and  the  permit 
of  such  person,  if  he  shall  have  a permit,  shall  be  revoked  and  for- 


HEALTH  DEPARTMENT. 


99 


feited  ; and  the  marshal  shall  have  power  to  enter  any  building  or 
premises  or  any  part  thereof,  for  the  purpose  of  enforcing  the  re- 
quirements of  this  section. 

Sec.  9.  All  permits  granted  under  the  provisions  hereof,  shall 
expire  on  the  first  Monday  of  July  in  each  year.  No  permit  shall 
be  granted  to  any  notoriously  intemperate  or  imprudent  person. 
The  city  clerk  shall  be  entitled  to  a fee  of  one  dollar  for  each  per- 
mit issued  under  the  provisions  hereof. 

Passed  May  14,  1856. 


C^HAPTER  XV. 
health  department. 

An  Ordinance  establishing  and  regulating  the  Health  Department. 

DIVISION  I. — BOARD  OF  HEALTH. 

Section  1.  The  city  council  shall  annually  appoint  by  ballo.  one 
of  their  number  from  each  ward,  who,  with  the  city  physician,*  shall 
constitute  the  board  of  health.  The  mayor  or  presiding  officer  of 
the  city  council  shall  be  president  of  the  board,  and  shall  cause  all 
orders  of  the  board  to  be  executed.  The  city  clerk  shall  be  clerk 
of  the  board,  and  shall  keep  minutes  of  its  proceedings  in  a suit- 
able book,  and  issue  and  deliver  its  orders. 

Sec.  2.  The  board  of  health  shall  hold  monthly  meetings  at  the 
city  council  chamber,  and  shall  meet  oftener  if  necessary.  Special 
meetings  may  be  called  by  the  mayor  or  any  member  of  the  board, 
and  the  city  marshal  shall,  when  required  by  the  mayor  or  any  mem- 
ber, give  notice  of  such  meeting  to  each  member  of  the  board.  A, . 
majority  of  the  members  of  the  board  shall  constitute  a quorum  for  r 
the  transaction  of  business,  and  they  may  make  and  determine  the  rules 
of  their  own  proceedings,  and  such  other  rules  and  regulations  as  may 
be  necessary  to  execute  their  powers  and  duties.  If  any  member  of 
the  board  from  any  ward,  from  sickness,  absence,  or  other  cause,  shall 


* Amended,  see  Ordinance,  Post  III. 


100 


ORDINANCES. 


be  unable  to  attend  any  meeting  of  the  board,  the  alderman  from  such 
ward  then  being  in  the  city  having  the  oldest  commission,  shall  at- 
tend such  meeting  and  be  temporarily  member  of  the  board. 

Sec.  3.  The  hoard  of  health  shall  exercise  a general  supervision 
over  the  public  health  of  the  city,  and  shall  make  dilligent  exam- 
ination and  inquiry  into  all  matters  affecting  the  same,  and  shall 
cause  all  nuisances  to  be  abated  or  removed  which  they  may  deem 
prejudicial  or  obnoxious  to  the  public  health  or  comfort,  and  may 
make  such  sanitary  regulations  as  they  may  deem  expedient  or  ne- 
cessary to  preserve  and  promote  the  same,  or  to  prevent  the  intro- 
duction or  spreading  of  any  contagious,  malignant,  infectious,  or 
pestilential  disease. 

Sec.  4.  All  orders  of  the  board  of  health  shall  be  certified  by 
the  clerk,  and  the  mayor  shall  cause  them  to  be  executed  by  de- 
livery thereof  to  the  city  supervisor,  the  marshal,  or  any  police 
constable,  who  shall  execute  all  orders  of  the  board  of  health  or  of 
the  city  council  pertaining  to  the  public  health  or  the  sanitary  con- 
dition of  the  city. 

Sec.  5.  All  persons  shall  obey  the  orders  and  directions  of 
the  board  of  health,  and  any  member  of  the  board  may  order  the 
abatement  of  any  nuisance  contrary  to  any  ordinance  of  the  city 
which  may  be  prejudicial  to  the  public  health ; and  whoever  shall 
neglect  or  refuse  to  obey  any  order  of  the  board,  or  of  any  member 
thereof,  as  herein  required,  shall  be  subject  to  a penalty  of  not 
less  than  three  dollars. 

Sec.  6.  The  city  physician  shall  visit  all  persons  who  may  be 
reported  to  him  to  have  or  be  supposed  to  have  any  infectious, 
contagious,  or  pestilential  disease,  and  report  his  opinion  of  the 
disease  of  such  person,  without  delay,  to  the  clerk  of  the  board  of 
health  or  to  the  mayor. 

Sec.  7.  The  board  of  health  may  cause  any  person  having  any 
infectious,  contagious,  or  pestilential  disease,  with  his  consent,  if  a 
resident  of  the  city,  to  be  removed  to  such  safe,  retired  and  proper 
place  as  may  be  deemed  best,  not  exceeding  five  miles  from  the 
city,  and  shall  provide  suitable  nurses  and  other  attendance  for 
such  person,  at  his  expense  if  able  to  pay  for  the  same,  and  if  not, 


HEALTH  DEPARTMENT. 


101 


at  the  expense  of  the  city.  But  if  any  such  person,  being  a resident 
of  the  city,  shall  refuse  to  be  removed,  or  his  condition  is  such  that, 
in  the  opinion  of  the  city  physician,  removal  would  be  attended  with 
danger  to  his  life,  such  measures  shall  be  taken  as  may  be  deemed 
advisable  and  best  to  prevent  the  spreading  of  the  contagion.  If 
any  such  person  shall  have  the  small  pox,  or  other  like  malignant 
and  infectious  disease,  the  board  of  health  may  require  notices 
with  the  words  “small  pox  here,”  in  large  letters,  to  be  posted 
up  in  conspicuous  places  on  the  house  or  premises  by  the  occupant 
thereof,  who  shall  cause  such  notices  to  be  placed  and  kept  up  as 
long  as  shall  be  directed  by  the  board,  and  upon  his  failure  to  do 
so,  he  shall  be  subject  to  a penalty  of  not  less  than  ten  dollars  for 
each  day  he  shall  so  fail  to  place  and  keep  up  such  notices. 

Sec.  8.  Any  person  having  or  having  had  the  small  pox  or 
other  like  malignant  and  infectious  disease,  who  shall  go  about  in 
any  public  place,  before,  in  the  opinion  of  the  city  physician,  he 
shall  be  in  no  danger  of  giving  the  disease  to  others,  shall  be  sub- 
ject to  a penalty  of  not  less  than  twenty-five  dollars.  Any  person 
attending,  or  being  about  any  other  person  having  the  small  pox  or 
other  like  infectious  disease,  who  shall  not  change  or  purify  his 
wearing  apparel  before  going  into  any  public  place,  or  who  shall 
otherwise  so  conduct  himself  as  to  endanger  the  spreading  of  the 
disease  or  the  giving  it  to  others,  shall  be  subject  to  a penalty  of 
not  less  than  twenty-five  dollars. 

Sec.  9.  The  board  of  health,  when  the  sanitary  condition  or 
preservation  of  the  public  health  of  the  city  shall  render  it  neces- 
sary, may  authorize  the  members  of  the  board  to  execute  any  of 
the  powers  and  duties  herein  required  of  the  supervisor,  the  mar- 
shal, and  police  constables,  and  may  appoint  or  employ  such  officers 
or  servants,  and  establish  such  temporary  hospitals  and  provide 
such  necessaries  therefor  as  the  public  exigency  may  require. 
They  shall  see  that  all  officers,  or  persons  employed  by  them  dis- 
charge their  duties.  All  expenditures  incurred  by  the  board  of 
health  shall  be  reported  to  the  city  council  for  allowance,  and  the 
city  clerk  shall  keep  an  account  of  all  disbursements  made  on  ac- 
count of  the  health  department. 


102 


ORDINANCES. 


Sec,  10.  The  board  of  health  may  cause  any  wearing  apparel, 
bedding,  or  furniture,  which  they  may  deem  infectious  or  to  en- 
danger the  public  health  of  the  city,  to  be  removed  not  exceed- 
ing five  miles  from  the  city,  or  destroyed,  but  before  destroying 
the  same,  they  shall,  if  practicable,  cause  an  invoice  and  appraisal 
to  be  made  thereof,  in  order  to  make  just  compensation  therefor. 

Sec.  11.  The  board  of  health,  the  members  thereof,  the  super- 
visor, the  marshal,  and  police  constables  shall  at  all  times,  cause 
all  nuisances  which  they  may  find,  or  which  may  be  reported  to 
them,  to  be  abated,  removed  or  remedied.  Any  member  of  the 
board  of  health,  the  supervisor,  the  marshal,  or  any  police  consta- 
ble may  at  all  times  during  the  day  time,  enter  all  premises  and 
examine  all  parts  thereof  and  cause  all  nuisances  found  thereon 
to  be  abated,  remedied,  or  removed  in  such  manner  as  he  shall 
direct. 

Sec.  12.  Any  person  practicing  physic  who  shall  have  any  pa- 
tient in  the  city  laboring  under  any  contagious,  infectious  or  pesti- 
lential disease,  shall  forthwith  make  report  thereof,  in  writing,  to 
the  clerk  of  the  board  of  health,  describing  the  locality  of  such  pa- 
tient so  that  he  may  be  easily  found,  and,  upon  failure  to  do  so, 
shall  be  subject  to  a penalty  of  fifty  dollars. 

DIVISION  II. — CITY  PHYSICIAN.* 

Section  1.  There  shall  annually  be  appointed  by  the  city 
council  a city  physician,  who  shall  be  a regular  and  experienced 
practitioner  of  medicine. 

Sec.  2.  The  city  physician  shall  have  and  exercise  a general 
supervision  over  the  sanitary  condition  of  the  city,  and  shall  report 
to  the  mayor  or  board  of  health,  all  nuisances,  the  prevalence  of 
any  contagious,  infectious,  or  pestilential  disease,  or  any  other 
causes  which  may  be  or  are  likely  to  be  detrimental  to  the  general 
health  of  the  city. 

Sec.  3.  He  shall  keep  at  all  times  a supply  of  good  and  genu- 
ine vaccine  matter  and  shall  see  that  all  persons,  so  far  as  it  may 


* Repealed,  see  Ordinance,  Post  III. 


HEALTH  department. 


103 


be  in  his  power,  are  properly  vaccinated,  especially  those  in  the 
vicinity  of  any  person  having  the  small  pox. 

Sec.  4.  He  shall,  when  required  by  the  mayor  or  other  proper 
authority,  examine  all  city  paupers  or  city  prisoners  confined  in 
the  city  prison  or  county  jail,  or  such  other  persons  as  may  become 
chargeable  to  the  city,  and  if  necessary  shall  prescribe  for,  attend 
to,  and  visit  such  persons,  or  render  them  such  other  professional 
services  as  they  may  severally  require,  and  may  discharge  them 
when  they  shall  no  longer  require  medical  aid. 

Sec.  5.  He  shall  furnish,  at  his  own  expense,  all  medicines  and 
other  articles  which  may  be  necessary  for  the  skillful  and  proper 
treatment  of  city  patients,  and  which  shall  be  pure  and  of  good 
quality. 

Sec.  6.  He  shall,  on  the  first  Monday  of  each  month,  report  to 
the  city  council  the  names,  disease,  and  condition  of  all  city  pa- 
tients on  hand,  and  the  names  of  those  discharged  during  the  pre- 
ceding month,  and  such  other  matters  and  things  as  he  may  deem 
proper  or  as  may  be  required  by  the  citj’  council. 

Sec.  7.  He  shall  receive  an  annual  salary  of  two  hundred  dol- 
lars in  full  for  all  his  services,  and  in  case  of  his  being  unable  to 
attend  to  his  duties  from  sickness,  absence,  or  other  unavoidable 
cause,  he  shall,  with  the  concurrence  of  the  mayor,  and  at  his 
own  expense,  provide  some  competent  physician  to  act  in  his 
place. 

Passed  May  14,  1856. 


DIVISION  III. — SUPPLEMENTAL  ORDINANCE. 

An  Ordinanco  amendatory  of  an  Ordinance,  entitled  ‘‘  An  Ordinance  establishing  and 

regulating  the  Health  Department.” 

Section  1.  Division  two  (ii),  of  an  Ordinance  entitled  An 
Ordinance  establishing  and  regulating  the  Health  Department,” 
and  so  much  of  Section  one  of  Division  one  (i)  of  said  Ordinance, 
as  requires  the  city  physician  to  be  a member  of  the  board  of 
health,  be  and  the  same  are  hereby  repealed.  The  term  ^‘city 
physician,”  where  the  same  occurs  elsewhere  in  Division  one  (i) 


104 


OKDINAXCES. 


of  said  Ordinance,  shall  be  construed  to  mean  such  regular  and  ex- 
perienced physician  as  may  he  designated  or  employed  from  time 
to  time  by  the  hoard  of  health. 

Passed  September  IT,  1857. 


CHAPTER  XVI. 

HORSES,  HOGS,  ETC. 

An  Ordinance  in  relation  to  Horses  and  other  Animals. 

Section  1.  Xo  horse,  mule,  ass,  sheep,  goat,  swine,  or  goose,  , 
or  any  such  animals,  shall  run  at  large  in  the  inhabited  part  of  the 
city  at  any  time  ; and  the  owner  or  keeper  of  any  such  animals, 
knowingly  suffering  or  permitting  them  to  run  at  large  shall  be 
subject  to  a penalty  of  not  less  than  three  dollars. 

Sec.  2.  The  city  marshal  and  police  constables  shall  take  up 
all  such  animals  found  running  at  large  in  the  inhabited  part  of  the 
city,  and  confine  them  in  some  secure  pen,  pound,  or  other  place 
to  be  provided  for  that  purpose  by  the  marshal,  and  the  officer  tak- 
ino^  up  or  impounding  any  -animals  shall  provide  at  his  own  cost 
suitable  and  necessary  sustenance  for  them,  and  the  reasonable 
cost  of  providing  such  sustenance  shall  be  paid  to  the  officer  before 
the  animal  shall  be  released  by  him. 

Sec.  3.  Any  animals  taken  up  and  impounded  under  the  pro- 
visions hereof  may  be  sold  at  public  sale  by  the  city  marshal  at 
any  time  after  the  expiration  of  three  days  from  the  time  of  being 
taken  up.  The  city  marshal  shall  personally  attend  to  all  selling 
of  animals,  and  shall  give  three  days’  previous  notice  of  the  time 
and  place  of  any  such  sale  by  causing  written  or  printed,  or  partly 
written  and  partly  printed  advertisements  to  be  posted  up  at  the 
front  of  the  county  court  house,  at  the  post  office,  and  at  the  office 
of  the  city  clerk,  describing  such  animals  by  their  colors  and 
marks,  or  brands,  if  any,  and  if  he  shall  not  give  notice  as  is  herein 
required,  shall  be  subject  to  a penalty  of  not  less  than  five  dollars. 


105 


HORSES,  HOGS,  ETO. 

Sec.  4.  The  marshal  and  police  constables  may  charge  and  re- 
ceive for  their  fees  for  taking  up  and  impounding  each  horse,  mule, 
or  ass,  fifty  cents ; for  each  swine  (other  than  suckling  pigs,)  goat, 
or  sheep,  twenty-five  cents,  and  for  each  suckling  pig  or  goose  five 
cents — and  for  selling  each  horse,  mule,  or  ass,  fifty  cents,  for  each 
swine  (other  than  suckling  pigs,)  goat,  or  sheep,  twenty-five  cents, 
and  for  each  suckling  pig  or  goose  five  cents,  and  for  providing 
suitable  sustenance  for  each  horse,  mule,  or  ass,  not  exceeding 
forty  cents ; for  each  head  of  sheep,  goats,  or  swine  (except  suck- 
ling  pigs,)  not  exceeding  fifteen  cents,  and  for  each  goose  not  ex- 
ceeding five  cents,  for  each  twenty-four  hours  the  same  may  be  kept ; 
but  if  any  person  shall  apply  and  pay  the  officer’s  fees,  and  costs  of 
sustenance  and  impounding,  at  any  time  before  sale  of  such  animals, 
they  shall  be  released  by  the  officer. 

Sec.  5.  An  accurate  account  shall  be  kept  by  the  marshal  of 
all  animals  sold  by  him,  and  all  moneys  received  by  him  for  the 
sale  of  such  animals,  after  deducting  therefrom  and  paying  the  fees 
and  costs  of  impounding,  sale,  and  sustenance,  and  twenty  "yo 
cents  for  each  animal  sold,  (except  geese  and  suckling  pigs,)  as 
the  pound  fee  of  the  officer  entitled  thereto,  shall,  without  delay, 
be  paid  as  a special  deposit,  into  the  city  treasury,  and  the  treas- 
urer shall  receipt  for  the  same,  and  shall  keep  a separate  account 
thereof.  If  the  owner  of  any  animal  having  been  sold,  shall  apply 
to  the  marshal  and  prove  the  ownership  thereof  to  his  satisfaction 
before  payment  into  the  treasury,  he  shall  pay  the  balance  due  " 
from  the  sale  of  such  animal  to  such  applicant,  taking  his  receipt 
therefor.  But  if  the  owner  of  any  animal  sold,  shall  apply  to  the 
marshal  after  the  payment  into  the  treasury,  and  prove  the  owner- 
ship thereof  to  his  satisfaction,  then  he  shall  certify  the  facts  to 
the  city  clerk  with  the  amount  deposited  in  the  treasury  on  account 
of  such  animal,  and  the  clerk  may  draw  his  warrant  on  the  treas- 
urer in  favor  of  such  claimant,  for  such  amount  as  may  be  certified 
by  the  marshal,  payable  out  of  such  special  deposit  or  fund,  and 
he  shall  file  and  preserve  the  certificate  of  the  marshal. 

Sec.  6.  If  at  any  sale  of  animals  under  the  provisions  hereof, 
no  person  shall  bid  the  whole  amount  of  costs  for  taking  up,  keep- 
ing, and  selling  of  such  animals,  the  marshal  or  any  police  consta- 
14 


106 


ORDINANCES. 


ble  may,  for  himself,  bid  tbereron  the  amount  of  his  costs  and 
charges,  and  no  person  bidding  more,  they  may  be  struck  off  to 
him  as  in  other  cases. 

Sec.  7.  The  city  marshal  and  police  constables  in  the  execu- 
tion of  the  powers  and  duties  herein  conferred  and  required,  may, 
at  their  own  cost  and  responsibility,  employ  all  necessary  assis- 
tants ; and  whoever  shall  hinder,  delay,  resist,  or  obstruct  any  such 
officer  or  his  assistants,  in  the  discharge  of  any  of  the  duties  herein 
required,  or  shall  aid  or  abet  the  same,  shall  be  subject  to  a penalty 
of  not  less  than  five  dollars  in  each  case. 

Sec.  8.  Whoever  shall  break  open  any  pen,  pound,  or  other  in- 
closure in  which  any  animals  may  be  confined  or  kept  under  the  re- 
quirements hereof,  or  shall  directly  or  indirectly  aid  or  abet  the  same,  ' 
or  the  escape  of  any  such  animals,  shall  be  subject  to  a penalty  of 
not  less  than  five  dollars. 

Sec.  9.  Whoever  shall  willfully  drive  or  entice  any  animal  from 
beyond  the  inhabited  part  of  the  city  into  the  same,  or  shall  aid  or 
abet  the  same,  or  shall  let  any  animal  out  of  any  inclosure  in  which 
it  may  be  confined,  or  aid  or  abet  in  the  letting  out  or  escape  there- 
of, in  order  to  take  up  or  impound  the  same,  shall  be  subject  to  a 
penalty  of  not  less  than  five  dollars  in  each  case. 

Sec.  10.  Whoever  shall  knowingly  suffer  or  permit  any  danger- 
ous, unruly,  or  mischievous  animal,  owned  or  kept  by  him,  to  go  at 
large  in  the  city  to  the  danger,  annoyance,  or  damage  of  any  person 
within  the  city,  shall  be  subject  to  a penalty  of  not  less  than  five 
dollars  for  the  first  offense,  and  not  less  than  ten  dollars  for  each 
subsequent  offense. 

Sec.  11.  If  the  city  marshal  or  any  police  constable  shall  neg- 
lect or  refuse  to  take  up  and  impound  any  animal  known  by  him 
to  be  running  at  large  contrary  to  the  ordinances  of  the  city,  he 
shall,  in  each  case,  be  subject  to  a penalty  of  not  less  than  five  dol- 
lars for  such  neglect  of  duty. 

Passed  May  14,  1856. 


LICENSES. 


107 


CHAPTER  XVII. 

LICENSES. 

An  Ordinance  in  relation  to  Licenses. 

DIVISION  I. — LICENSES  IN  GENERAL. 

Section  1.  The  major  may  receive  applications  for  licenses, 
and  grant  the  same  in  all  cases  where  it  is  not  otherwise  expressly 
provided,  upon  the  terms  and  conditions  specified  by  ordinance. 
But  if  he  shall  not  feel  authorized  to  grant  any  application  for  a 
license  for  any  purpose,  he  may  report  such  application  to  the  next 
meeting  of  the  city  council  for  their  action  thereon. 

Sec.  2.  Any  person  desiring  a license  under  the  ordinances  of 
the  city,  for  any  purpose,  shall  make  a written  application  to  the 
mayor  therefor,  stating  the  purpose  for  which  the  same  is  desired, 
for  what  length  of  time,  and  specifying  the  place  where  his  busi- 
ness is  to  be  carried  on,  and  if  required  by  ordinance  to  file  bond, 
before  being  licensed,  he  shall  also  name  his  proposed  sureties  on 
his  bond  in  his  application.  If  the  mayor  shall  grant  such  applica- 
tion, he  shall  indorse  the  same  thereon,  together  with  the  amount 
taxed  for  the  license ; and  upon  the  filing  of  the  application  so  in- 
dorsed with  the  city  clerk  and  the  payment  of  the  sum  specified, 
the  clerk  shall  issue  to  such  applicant  a license  for  the  purpose 
and  time  specified. 

Sec.  3.  No  license  shall  be  granted  for  a longer  period  than 
one  year,  and  all  licenses  shall  be  signed  by  the  mayor,  and  coun- 
tersigned by  the  city  clerk  under  the  corporate  seal.  No  license 
shall  be  valid  until  signed  and  countersigned  as  aforesaid,  nor  shall 
any  person  be  deemed  licensed  until  a license  shall  be  duly  issued 
to  him.  Each  license  shall  be  dated  the  day  of  the  issuing  thereof, 
but  if  the  applicant  has  been  acting  without  license,  then  it  shall 
be  dated  from  the  time  he  so  commenced  acting. 

Sec.  4.  All  licenses  granted,  shall  be  subject  to  all  ordinances 
in  relation  to  licenses  which  may  be  in  force  at  the  time  of  the  is- 
suing thereof,  or  which  may  be  subsequently  passed  by  the  city 


108 


ORDINANCES. 


council;  and  if  any  person  licensed  sha-1  violate  any  provision  of 
any  ordinance  in  relation  to  his  license,  he  may  he  proceeded 
against  for  any  fine  cr  penalty  imposed  thereby,  and  Lis  license 
may  be  revoked  or  forfeited  in  the  discretion  of  the  city  council, 
or  of  the  court  or  magistrate  before  whom  any  action  may  be 
brought  for  the  recovery  of  any  fine  or  penalty. 

Sec.  5.  No  license  granted  shall  be  assignable  or  transferable; 
nor  shall  any  person  he  authorized  to  do  business  or  act  under  such 
license,  but  the  person  to  -whom  it  is  granted,  or  any  other  place 
than  the  place  specified  therein,  without  the  consent  of  the  city 
council,  to  be  certified  on  such  license  by  the  city  clerk.  Nor 
shall  any  license  authorize  any  person  to  act  under  it  at  more  ' 
than  'one  place  at  the  same  time,  or  at  any  other  time  than  is 
therein  specified.  Whoever  shall  violate  any  provision  of  this 
section  shall  he  deemed  to  be  acting  without  license,  and  shall 
be  subject  to  the  same  penalty  as  is  prescribed  for  acting  without 
license. 

Sec.  8.  The  city  clerk  shall  keep  a license  register,  in  which 
he  shall  enter  the  name  of  each  person  licensed,  for  w^hat  purpose 
licensed,  the  place  of  business,  the  date  of  the  license,  the  amount 
paid,  and  the  date  of  expiration  of  the  same.  He  shall  pay  into 
the  city  treasury  on  the  first  Monday  of  each  month,  all  moneys  re- 
ceived by  him  on  account  of  licenses,  and  shall  quarterly,  on  the 
first  Mondays  of  April,  July,  October  and  January,  in  each  year, 
report  to  the  city  council  an  abstract  of  all  licenses  granted  since 
his  preceding  report,  with  the  amount  taxed  and  received  for  the 
same.  He  may  charge  and  receive  a fee  of  one  dollar  for  each 
license  issued  by  him,  and  a fee  of  fifty  cents  for  certifying  the 
consent  of  the  city  council  to  the  assignment,  transfer,  or  change  of 
place  of  business  of  any  license. 

Sec.  7.  Licenses  may  be  issued  as  near  as  may  be  in  the  fol- 
lowing form,  to  wit : 

A.  B.,  mayor  of  the  city  of  Springfield,  To  all  whom  these  pre- 
sents shall  come,  greeting:  Know  ye  that  C.  D.  having  made  ap- 
plication in  due  form  (filed  bond,)  paid  into  the  city  treasury 

dollars,  and  in  all  other  respects  complied  with  the  ordinances  of 


LICENSES. 


109 


the  city  in  this  behalf ; Therefore,  I,  A.  B.,  mayor  of  the  city  of 
Springfield,  for  and  in  behalf  of  the  people  of  said  city,  do  hereby 
authorize,  empower,  and  license  the  said  C.  D.,  (here  set  forth  the 
business  or  purpose  of  the  license,)  at for from . 

Nevertheless,  this  license  is  granted  upon  this  express  condition: 
that  if  the  said  C.  D.  shall  observe  and  obey  all  ordinances  of  the 
city  which  are  or  may  be  in  force  regulating  or  relating  to  his  said 
business,  then  this  license  shall  be  valid  for  the  period  aforesaid ; 
otherwise  it  may  be  annulled,  revoked,  or  forfeited  at  the  option  of 
the  city  council,  or  in  any  other  manner  provided  by  ordinance. 

In  testimony  whereof,  I have  hereunto  set  my 
hand  and  caused  the  corporate  seal  of  said  city  to 
[seal.]  be  affixed  at  the  mayor’s  ofiice  in  said  city  of 
Springfield,  this day  of , A.  D.,  185 — . 

Countersigned  and  registered. 

A.  B.,  Mayor. 

E.  F.,  City  Clerk. 

Sec.  8.  The  city  marshal  shall  enforce  all  ordinances  in  rela- 
tion to  licenses,  and  shall,  from  time  to  time,  examine  the  license 
register,  and  prosecute  all  persons  who  may  be  acting  without 
license,  and  shall  collect  from  them  the  sum  which  may  be  taxed 
for  their  license;  and  he  shall  be  entitled  to  a commission  of  one 
dollar  for  each  license  so  collected  by  him,  to  be  paid  by  the 
person  to  be  licensed;  and  his  receipt  shall  be  good  to  the  ex- 
tent and  purport  thereof;  but  no  person  shall  be  considered  as 
licensed,  until  license  shall  be  issued  in  due  form  as  required  by 
ordinance. 


DIVISION  II. — auctioneers.* 

Section  1.  No  person  shall  pursue  the  business  of  an  auc- 
tioneer, or  sell  goods  or  property  at  auction,  except  under  legal 

See  Sfate  Constitution,  Art.  IX,  Sec.  2.  The  license  law,  cbiipter  64  Rev.  Stat.,  1846, 
does  not  conflict  with  that  provision  of  the  Constitution  requiring  all  taxation  to  be  by 
valuation  and  uniform.  People  vs.  Thurber,  Id  Ills.  Rep.,  654.  See  also  Sawyer  vs.  Alton, 
3 S:am.  Rep.  130.  The  23d  Section  of  said  act  which  requires  the  agent  of  any  foreign 
insurance  company  to  pay  three  per  cent  upon  the  amount  of  all  premiums  received  by  him 
into  the  county  treasury,  is  constitutional.  Same  case. 


no 


ORDINANCES. 


process,  without  a license  therefor,  under  a penalty  of  not  less  than 
five  dollars  for  each  sale  made. 

Sec.  2.  For  a license  to  pursue  the  business  of  an  auctioneer, 
or  to  sell  goods  or  property  at  auction,  there  shall  he  taxed  and 
collected  thirty  dollars  for  six  months,  and  fifty  dollars  for  one 
year. 

Sec.  3.  Before  a license  shall  be  issued  to  any  person  to  pur- 
sue the  business  of  an  auctioneer,  or  to  sell  goods  or  property  at 
auction,  he  shall  file  bond  in  the  sum  of  three  thousand  dollars, 
with  two  or  more  sureties  to  be  approved  by  the  mayor,  and  con- 
ditioned for  the  prompt  payment  of  all  moneys,  and  the  delivery  of 
all  goods  that  may  come  into  his  hands  in  his  business,  to  the  per- 
son entitled  to  receive  the  same ; and  which  bond  may  he  sued  on 
in  the  name  of  the  city,  by  any  person  damaged  by  a breach  of  its 
conditions. 

■ DIVISION  III. BILLIARD  ROOMS  AND  BALL  ALLEYS. 

SECTI02T  1.  No  person  shall  keep  any  billiard  table,  or  a ball 
or  pin  alley,  to  he  used  or  played  upon  by  others  for  hire  or  gain, 
without  a license  therefor,  under  a penalty  of  not  less  than  five  dol- 
lars for  each  person  who  may  be  permitted  to  play  thereon  for  hire 
or  gain. 

Sec.  2.  There  shall  be  taxed  and  collected  for  a license  to  keep 
billiard  tables  for  one  year,  twenty- five  dollars  for  one  table,  forty 
dollars  for  two  tables,  and  fifteen  dollars  for  each  additional  table. 
There  shall  be  taxed  and  collected  for  a license  to  keep  a pin  or 
ball  alley  for  one  year,  twenty-five  dollars  for  one  alley,  forty  dol- 
lars for  two  alleys,  and  fifteen  dollars  for  each  additional  alley. 

Sec.  3.  No  keeper  of  a billiard  table,  or  ball  or  pin  alley,  shall 
suffer  or  permit  any  minor  to  frequent  or  loiter  about  the  premises 
occupied  by  him,  or  to  play  or  roll  upon  his  table  or  alley  without 
the  previous  consent  of  the  parent,  master  or  guardian  of  such 
minor ; nor  shall  sell  or  deliver  any  intoxicating  liquors  contrary 
to  the  ordinances  of  the  city,  nor  shall  suffer  or  permit  any  riotous, 
noisy  or  disorderly  conduct  upon  the  premises  occupied  by  him  to 
the  disturbance  or  annoyance  of  the  neighborhood,  under  a pen- 


LICENSES.  Ill 

alty  of  not  less  than  twenty-five  dollars  and  a forfeiture  of  his 
license. 


DIVISION  IV. — BKOKERS,  INNKEEPERS,  AND  ORDINARIES. 

Section  1.  No  person  shall  pursue  or  carry  on  the  business  of 
dealing  in,  or  buying,  selling,  discounting,  or  what  is  commonly 
known  as  shaving  of,  bills  of  exchange,  checks,  drafts,  bank  notes, 
promissory  notes,  bonds,  or  other  writings  obligatory,  or  in  buying 
or  procuring  of  gold  and  silver  coin  to  dispose  of  the  same  for  gain 
or  a premium,  without  a license  therefor,  under  a penalty  of  not 
less  than  fifty  dollars. 

Sec.  2.  Before  any  license  shall  be  granted  to  any  person  ap- 
plying therefor  as  a money,  stock,  or  exchange  broker,  he  shall  file 
with  the  city  clerk  a statement,  under  oath,  if  required,  showing  the 
amount  of  capital  invested,  the  amount  of  business  transacted  du- 
ring the  previous  year,  and  the  profits  of  such  business  ; or  if  he 
shall  not  have  been  engaged  in  business,  his  statement  shall  show 
the  amount  of  capital  he  proposes  to  invest,  the  amount  of  business 
reasonably  expected  to  be  transacted,  and  the  supposed  profits  of 
such  business,  and  the  city  council  shall  assess  for  such  license^ 
such  a sum  as  may  be  deemed  a reasonable  tax  upon  such  business 
and  the  profits  thereof ; but  the  tax  assessed  for  a license  shall  not 
be  less  than  twenty -five  dollars,  nor  exceeding  three  hundred  dol- 
lars for  one  year. 

Sec.  3.  No  person  shall  pursue  the  business  of  a real  estate 
broker  without  a license  therefor,  under  a penalty  of  not  less  than 
twenty-five  dollars.  A real  estate  broker  shall  be  deemed  any 
person  who  is  engaged  in  the  business  of  selling,  or  in  negotiating 
the  sale  or  purchase  of  real  estate  belonging  to  others,  for  a com- 
mission or  other  compensation.  There  shall  be  taxed  by  the  city 
council  and  collected  for  a license  to  pursue  the  business  of  a real 
estate  broker,  not  less  than  ten,  and  not  exceeding  one  hundred 
dollars  for  one  year. 

Sec.  4.  No  person  shall  carry  on  or  pursue  the  business  of  an 
innkeeper,  without  a license  therefor,  under  a penalty  of  not  less 


112 


ORDINANCES. 


than  twenty-five  dollars.  An  innkeeper  shall  he  ce3med  any 
person  who  keeps  a house  of  public  entertainment,  and  for  a 
compensation  furnishes  lodging,  or  provisions,  or  both,  to  trav- 
elers and  others.  There  shall  be  taxed  by  the  city  council, 
and  collected,  for  a license  to  pursue  the  business  of  an  innkeeper 
not  less  than  ten,  and  not  exceeding  one  hundred  dollars  for  one 
year. 

Sec.  5.  No  person  shall  own,  keep,  or  conduct  an  ordinary 
without  a license  therefor,  under  a penalty  of  not  less  than  ten  dol- 
lars. An  ordinary  shall  be  deemed  any  eating  house,  or  other 
place  where  any  kind  of  food  or  eatable  is  sold  to^be  eaten  at  the 
place  of  sale.  There  shall  be  taxed  by  the  city  council  and  col- 
lected, for  a license  to  keep  an  ordinary,  not  less  than  five  and  not 
exceeding  fifty  dollars  for  one  year. 


DIVISION  V. — EXHIBITIONS,  SHOWS,  AND  AMUSEMENTS. 

Section  1.  No  person  shall  give  or  exhibit  any  theatrical  or 
other  exhibition,  show,  or  amusement,  where  money  is  charged  for 
admission  thereto,  without  a license  therefor,  under  a penalty  of 
not  less  than  double  the  amount  herein  assessed  and  taxed  for  such 
license. 

Sec.  2.  For  fairs,  or  lectures  given  before  any  society,  or  con- 
certs, or  other  exhibitions  or  amusements  given  exclusively  by  cit- 
izens of  the  city,  no  license  shall  be  required  ; and  when  any  exhi- 
bition or  amusement  for  which  license  is  required,  shall  be  given  for 
any  charitable  or  benevolent  purpose,  the  amount  of  the  license  shall 
be  appropriated  to  such  object  by  the  mayor. 

Sec.  o.  For  a license  for  the  exhibition  of  any  circus,  menage- 
rie, or  other  like  exhibition,  there  shall  be  taxed  and  collected,  not 
less  than  fifty  dollars  for  two  exhibitions  or  less,  and  not  less  than 
twenty-five  dollars  for  each  exhibition  thereafter  ; not  including 
side  shows  or  other  exhibitions  traveling  therewith  or  attached 
thereto,  which  shall  be  taxed  for  a license  not  less  than  two  dollars 
each.  For  a license  for  any  other  exhibition,  show  or  amusement, 
there  shall  be  taxed  and  collected  not  less  than  three  dollars  for 


LICENSES. 


113 


any  single  exhibition,  and  not  less  than  two  dollars  for  each  exhi- 
bition thereafter.* 

Sec.  4.  Any  person  giving  or  conducting  any  exhibition,  show, 
or  amusement,  shall  preserve  good  order  in  and  about  his  place  of 
exhibition  or  amusement,  and  if  necessary  for  that  purpose  shall 
employ,  at  his  own  expense,  a sufficient  police  force. 

Sec.  5.  Any  person  who  shall  conduct  himself  in  a riotous  or 
disorderly  manner  at  any  place  of  exhibition  or  amusement,  shall 
be  subject  to  a penalty  of  not  less  than  three  dollars.  And  if  any 
person  belonging  to  or  connected  with  any  such  show  or  exhibition 
shall  conduct  himself  in  a riotous  or  disorderly  manner,  or  cause 
any  disturbance  or  breach  of  the  peace  at  the  place  of  exhibition, 
the  license  of  such  show  or  exhibition  may  be  revoked  or  forfeited 
in  the  discretion  of  the  mayor  or  any  police  magistrate,  and  no 
license  shall  at  any  time  thereafter  be  granted  for  such  exhi- 
bition, unless  for  good  cause  shown,  with  the  consent  of  the  city 
council. 


DIVISION  VI. — PEDDLERS. 

Section  1.  No  person  shall  hawk  or  peddle  any  merchandise 
or  other  article  of  value  in  the  city,  without  a license  therefor,  un- 
der a penalty  of  not  less  than  five  dollars. 

Sec.  2.  All  sales  of  goods  or  merchandise  made  by  persons  re- 
maining transiently  in  the  city  for  the  purpose  of  selling  or  dis- 
posing of  the  same  by  retail,  or  by  persons  travelling  or  going 
about  from  one  place  to  another  with  goods  or  merchandise,  and 
selling  or  disposing  of  the  same  by  retail,  whether  in  any  temporary 
place  of  business  or  otherwise,  shall  be  deemed  peddling  under  the 
provisions  hereof. 

Sec.  3.  For  a license  to  hawk  or  peddle,  there  shall  be  taxed 
and  collected,  not  less  than  three  dollars  for  two  weeks  or  less,  not 
less  than  five  dollars  for  one  month  or  less,  and  not  less  than  three 
dollars  for  each  month  thereafter.  No  license  shall  be  required 


15 


* Amended,  sec  Ordinance,  Post  II. 


114 


ORDINANCES. 


for  peddling  or  vending  of  marketing,  vegetables,  fruit,  cakes,  nuts, 
or  other  like  refreshments. 

Sec.  4.  No  peddler  shall  enter  any  private  dwelling  in  this 
city  without  being  admitted  into  the  same,  or  shall  insist  upon  the 
showing  or  sale  of  his  goods  or  wares  to  any  person  after  being 
told  by  such  person  that  he  or  she  does  not  wish  to  purchase  the 
same,  or  shall  otherwise  vex  or  annoy  any  person  under  a penalty 
of  not  less  than  three  dollars  and  the  forfeiture  of  his  license  in 
the  discretion  of  the  city  council,  or  of  the  police  magistrate  or 
other  court  before  whom  conviction  may  be  had;  and  at  no  time 
thereafter  shall  he  be  licensed,  unless  for  good  cause  shown,  the  - 
city  council  shall  remove  his  disability. 


DIVISION  VII. — WAGONS  AND  DRAYS. 

Section  1.  No  person  shall  pursue  the  occupation  of  carrying 
goods  or  property  for  hire  in  any  vehicle  from  one  place  to  another 
within  the  city,  or  shall  keep,  own,  or  use  any  dray,  wagon,  or 
other  vehicle  for  the  purpose  of  carrying  articles  or  property  for 
hire  from  one  place  to  another  within  the  city,  without  a license 
therefor,  under  a penalty  of  three  dollars  for  each  load  or  parcel 
so  carried  without  license. 

Sec.  2.  For  a license  to  pursue  the  business  or  occupation  of 
carrying  goods  or  property  for  hire  upon  a dray,  wagon,  or 
other  like  vehicle  within  the  city,  there  shall  be  taxed  and  col- 
lected  six  dollars  upon  each  for  six  months,  and  ten  dollars  for 
one  year. 

Sec.  3.  For  wagons  or  other  vehicles  kept  or  used  by  mer- 
chants, lumber  men,  or  other  persons,  for  the  delivery  without 
charge  of  articles  or  property  sold  by  them,  or  for  the  carrying  of 
their  own  property,  or  the  accommodation  of  their  own  business, 
or  for  the  hauling  of  earth  or  building  material,  or  for  hauling 
without  and  beyond  the  city,  or  by  hotel  keepers  for  the  delivery 
without  charge  of  the  baggage  of  their  guests,  no  license  shall  be 
required. 

Sec.  4.  No  wagon  or  dray  license  shall  be  issued  to  any  minor 


LICENSES. 


115 


or  non-resident  of  the  city.  Before  any  wagon  or  dray  license 
shall  be  issued  to  any  person,  he  shall  execute  bond  to  the  city  in 
the  sum  of  three  hundred  dollars,  with  one  or  more  sureties  to  be 
approved  by  the  mayor,  conditioned  that  he  will  promptly  deliver 
all  property  entrusted  to  him  or  to  his  servants  to  be  carried,  and 
pay  all  damages  caused  by  the  negligence  of  himself  or  his  ser- 
vants in  the  carrying  of  any  property.  The  bond  may  be  sued  on 
in  the  name  of  the  city,  by  any  person  damaged  by  a breach  of  its 
conditions. 

Sec.  5.  The  city  clerk  shall  write  in  the  license  and  indorse 
thereon  the  number  or  other  designation  of  the  dray  or  other  ve- 
hicle, and  register  the  same ; and  the  person  licensed  shall  cause 
such  number  or  designation  to  be  at  all  times  conspicuously  and 
legibly  painted  or  affixed  on  the  outside  of  the  bed  or  shaft  thereof, 
under  a penalty  of  one  dollar  for  each  day  such  dray  or  other  ve- 
hicle may  be  used  without  being  numbered  or  designated  as  is 
herein  required. 

Sec.  6.  Any  drayman  or  other  person  licensed,  may  charge 
and  receive  not  exceeding  fifteen  cents  for  each  load  carried  the 
distance  of  ten  blocks  or  less,  and  not  exceeding  twenty-five  cents 
for  each  load  carried  to  any  place  within  the  city  exceeding  the 
distance  of  ten  blocks.*  For  each  load  carried  in  a two-horse 
wagon,  not  exceeding  twenty-five  cents  may  be  charged  for  any 
distance  not  exceeding  ten  blocks,  and  not  exceeding  thirty-five 
cents  for  any  distance  within  the  city  exceeding  ten  blocks.  For 
each  load  carried  in  a furniture  car  or  furniture  wagon,  not  ex- 
ceeding thirty-five  cents  may  be  charged  for  any  distance  within 
the  city. 

Sec.  7.  No  drayman  or  other  person  so  licensed,  or  hack  or 
omnibus  driver,  shall  at  any  railroad  station  or  elsewhere,  conduct 
himself  in  a riotous  or  disorderly  manner,  or  use  indecent,  profane, 
or  abusive  language  toward  any  person,  or  unnecessarily  snap  or 
flourish  his  whip,  or  otherwise  vex  or  annoy  any  traveler  or  other 
person,  or  obstruct  any  side  walk,  street  or  alley  crossing,  street, 


* Amended,  see  Ordinance,  Post  III. 


116 


ORDINANCES. 


or  other  public  passage,  under  a penalty  of  not  less  than  three  dol- 
lars in  each  case. 

Sec.  8.  No  drayman  or  other  person  so  licensed  under  the 
provisions  hereof,  shall,  when  requested,  unless  actually  employed 
at  the  time,  refuse  to  carry  any  article  or  load,  or  shall  charge  any 
greater  sum  than  is  herein  specified  for  the  carriage  of  any  load, 
under  a penalty  of  three  dollars  in  each  case. 

Sec.  9.  No  owner  or  driver  of  any  wagon,  dray,  or  other  ve- 
hicle shall  make  a permanent  stand  or  place  of  stopping  in  front  of 
any  premises  without  the  consent  of  the  owner  or  occupant  of  the 
same,  under  a penalty  of  three  dollars. 

Sec.  10.  The  city  marshal  shall  designate  stands  for  licensed 
drays  or  other  vehicles,  or  for  omnibusses  or  carriages  belonging 
to  any  hotel,  upon  any  street  at  or  adjacent  to  the  railroad  depots 
or  stations  within  the  city,  while  waiting  for  the  arrival  or  depart- 
ure of  passenger  trains  ; and  any  person  who  shall  occupy  any 
other  stand  than  the  one  allotted  to  him  while  any  passenger  train 
may  he  standing  at  any  depot  or  station,  shall  be  subject  to  a pen- 
alty of  three  dollars. 

Sec.  11.  Each  person  licensed  under  the  provisions  hereof, 
shall,  at  all  times,  keep  a certified  copy  of  the  sixth  section  hereof, 
and  shall  produce  the  same  for  the  inspection  of  any  person  em- 
ploying him  who  shall  demand  the  same,  under  a penalty  of  three 
dollars  ; and  if  any  such  person  shall  exhibit  or  produce  to  any 
person  employing  him  a false  copy  thereof,  he  shall  be  subject  to 
a penalty  of  twenty-five  dollars. 

Passed  May  14,  1856. 


An  Ordinance  amendatory  of  an  Ordinance,  entitled  “ An  Ordinance  in  relation 

to  Licenses/’ 

II. 

Section  1.  Section  three  of  Division  five,  of  an  Ordinance  en- 
titled an  Ordinance  in  relation  to  licenses,”  be  and  the  same  is 
hereby  so  amended,  that  for  a license  for  the  exhibition  of  any 
theatrical,  or  other  exhibition,  show,  or  amusement,  except  for  a 
circus,  menagerie,  or  other  like  exhibition,  there  shall  be  taxed 


LICENSES. 


117 


and  collected  not  less  than  one  dollar  for  each  exhibition.  Pro- 
vided : A license  is  taken  out  for  thirty  days  or  a longer  period  : 
but  when  there  is  a license  taken  out  for  any  time  less  than  thirty 
days,  three  dollars  shall  be  taxed  and  collected  for  a single  exhibi- 
tion, and  two  dollars  for  each  exhibition  thereafter. 

Passed  February  9,  1857. 


An  Ordinance  amendatory  of  an  Ordinance  licensing  and  regulating  wagons,  carts, 

and  drays/’ 

III. 

Section  1.  The  Ordinance  licensing  and  regulating  wagons, 
carts,  and  drays,  be  so  amended  as  to  allow  draymen,  instead  of 
the  former  rates,  the  following,  viz  : For  hauling  each  load  a dis- 
tance of  two  blocks  or  less,  fifteen  cents ; and  beyond  two  and  not 
exceeding  eight  blocks,  twenty  cents  ; and  beyond  eight  blocks 
and  within  the  city  limits,  thirty  cents.  Any  thing  in  the  said 
Ordinance  inconsistent  with  this  amendment  is  hereby  repealed. 

Sec.  2.  This  amendment  to  take  effect  from  and  after  the  first 
day  of  October,  1857. 

Passed  September  7,  1857. 


CHAPTER  XYIII. 

LIQUORS.-^^ 

An  Ordinance  regulating  the  sale  of  Intoxicating  Liquors. 

Section  1.  No  person  shall,  within  the  city,  by  himself,  his  ser- 
vant, or  clerk,  (except  for  purposes  purely  medicinal,  mechanical, 
or  sacramental,)  barter,  sell,  exchange  or  deliver,  or  otherwise  dis- 
pose of  for  money  or  gain  or  any  thing  of  value,  or  any  check  or 
other  thing  representing  or  intended  to  represent  any  money,  or 

A municipal  corporation  with  power  to  declare  what  shall  be  deemed  a nuisance  etc., 
may  by  Ordinance,  declare  the  selling  of  intoxicating  liquors  a nuisance,  and  impose  pen- 
alties for  a violation  of  such  ordinance.  Goddard  vs.  Jacksonville,  15  Ills.  Rep.  588. 


118 


ORDINANCES. 


other  thing  of  value,  any  vinous,  spirituous,  fermented,  mixed,  malt, 
or  other  intoxicating  liquor  whatever,  in  a less  quantity  than  one 
gallon,  to  be  carried  away  at  one  time  from  the  place  of  sale  or  de- 
livery without  a license  therefor,  in  accordance  with  the  require- 
ments hereof,  under  a penalty  of  not  less  than  twenty-five  dollars 
for  each  offense. 

Sec.  2.  The  city  council  may  in  their  discretion,  grant  license 
for  one  year,  to  such  person  or  persons  as  may  apply  therefor,  to 
retail  liquors  in  any  quantity  less  than  one  gallon,  upon  such  per- 
son or  persons  paying  into  the  city  treasury  the  sum  of  three  hun- 
dred dollars,  and  entering  into  bond  in  the  manner  required  in  the 
fifth  section  hereof. 

Sec.  3.  *The  city  council  may  also  in  their  discretion,  grant 
license  for  one  year,  to  such  person  or  persons  as  may  apply  there- 
for, to  retail  malt  liquors  only,  in  any  quantity  less  than  one  gal- 
lon, upon  such  person  or  persons  paying  into  the  city  treasury  the 
sum  of  one  hundred  dollars,  and  entering  into  bond  in  the  manner 
required  in  the  fifth  section  hereof. 

Sec.  4.  Any  person  licensed  under  the  provisions  of  the  pre- 
ceding section  who  shall  sell,  barter,  exchange,  or  deliver  for 
money  or  gain,  or  any  thing  of  value,  or  for  any  check  or  other 
thing  representing  or  intended  to  represent  any  money  or  other 
thing  of  value,  any  vinous,  spirituous,  mixed,  fermented,  or  other 
intoxicating  liquors  or  beverage  whatever,  (except  malt  liquors,) 
or  who  shall  sufi*er  or  permit  any  such  liquor  or  beverage  to  be 
used  or  drank  upon  the  premises,  or  in  any  place  adjacent  thereto 
under  his  control,  shall  be  subject  to  a penalty  of  not  less  than 
fifty  dollars  in  each  case  for  each  offense. 

Sec.  5.  Before  a license  shall  be  issued  to  any  person  to  retail 
liquors  under  the  provisions  hereof,  such  person  shall  execute  bond 
to  the  city  of  Springfield  in  the  sum  of  one  thousand  dollars,  liqui- 
dated damages,  signed  by  at  least  two  freeholders  of  the  city,  each 
to  the  value  of  the  penalty  of  the  bond  at  least,  as  sureties  to  be 
approved  by  the  city  council,  and  conditioned  that  the  person  to 
whom  such  license  is  granted,  shall  observe  and  obey  all  laws  and 


* Repealed,  see  Ordinance,  Post  II. 


LIQUORS. 


119 


ordinances  now  in  force,  or  siicli  as  may  hereafter  be  in  force  regu- 
lating and  governing  retailers  of  liquors.*  Such  bond  shall  be  ex- 
ecuted in  the  presence  of  the  mayor  and  filed  in  the  office  of  the 
clerk,  and  any  breach  of  its  conditions  shall  work  a forfeiture  of 
the  whole  penalty  thereof,  the  amount  of  which  shall  be  recovered 
before  any  court  having  jurisdiction. 

Sec.  6.  No  retailer  of  liquors  licensed  under  the  provisions 
hereof,  shall  by  himself,  his  servant,  or  clerk,  suffer  or  permit  any 
person  to  drink  to  excess  or  drunkeness  in  his  premises,  nor  shall 
suffer  or  permit  any  species  of  gaming  in  any  part  thereof,  or  in 
any  place  adjacent  thereto  under  his  control,  under  a penalty  of 
not  less  than  twenty- five  dollars  in  each  case. 

Sec.  T.  No  retailer  of  liquors  licensed  under  the  provisions 
hereof  shall  on  Sunday  keep  open,  or  suffer  or  permit  to  be  kept  open 
any  part  of  his  place  of  business,  nor  shall  on  Sunday  in  any  man- 
ner sell  or  deliver  any  intoxicating  or  malt  liquors  or  beverage 
whatever,  or  suffer  or  permit  any  such  liqors  or  beverage  to  be  used 
or  drank  at  his  place  of  business,  or  in  any  place  adjacent  thereto 
under  his  control,  nor  shall  on  Sunday  admit  any  person  into 
his  place  of  business  not  belonging  thereto  or  connected  there- 
with, under  a penalty  of  not  less  than  twenty-five  dollars  in  each 
case. 

Sec.  8.  No  retailer  of  liquors  shall  keep  open  or  suffer  to  be 
kept  open  his  place  of  business  at  a later  hour  than  eleven  o’clock, 
P.  M.,  nor  shall  suffer  any  person  not  belonging  thereto  or  con- 
nected therewith,  to  remain  in  any  part  thereof  after  that  hour, 
under  a penalty  of  not  less  than  five  dollars  in  each  case. 

Sec.  9.  No  retailer  of  liquors  licensed  under  the  provisions 
hereof,  shall  employ  any  minor  as  a servant  or  clerk  in  his  busi- 
ness ; nor  shall  in  any  manner  sell,  give,  or  deliver,  any  in- 
toxicating or  malt  liquor  or  beverage  whatever,  to  any  minor  or 
intoxicated  person,  nor  shall  harbor,  or  entice  or  suffer  any 
minor  or  intoxicated  person  to  remain  or  loiter  in  or  about  his 
place  of  business,  under  a penalty  of  not  less  than  ten  dollars  in 
each  case. 


■'*  Aoscuded,  see  Ordinance,  Post  III. 


120 


ORDINANCES. 


Sec.  10.  Each  retailer  of  liquors  licensed  under  the  provisions 
hereof,  shall,  Tvithout  delay,  notify  any  minor  or  intoxicated  per- 
son who  may  frequent  or  loiter  in  or  about  his  place  of  business,  to 
leave  and  quit  the  same,  and  if  he  shall  neglect  or  refuse  to  do  so, 
such  retailer  may  arrest  him  and  take  him  before  any  police  magis- 
trate, or  may  deliver  him  into  the  custody  of  the  marshal  or  any 
police  constable,  to  be  by  him  retained  in  custody  until  he  can  be 
brought  before  a competent  court  or  magistrate,  or  he  may  make 
complaint  before  any  police  magistrate  and  cause  such  minor  or  in- 
toxicated person  to  be  arrested  and  prosecuted,  and  no  minor  or 
intoxicated  person  shall  frequent  or  loiter  in  or  about  any  grocery 
or  other  place  where  intoxicating  or  malt  liquors  are  sold  by  retail, 
after  being  notified  or  requested  by  the  owner  or  keeper  thereof, 
or  any  police  officer  to  leave  or  quit  the  same,  under  a penalty  of 
not  less  than  five  dollars. 

Sec.  11.  jS’o  retailer  of  liquors  licensed  under  the  provisions 
hereof,  nor  any  other  person  shall  sell,  give,  or  deliver  any  intoxi- 
cating or  malt  liquors  or  beverage  whatever,  to  any  habitual  drunk- 
ard or  habitually  intoxicated  person,  after  being  notified  by  the 
wife,  parent,  or  other  relative  of  such  person  that  he  is  an  habitual 
drunkard,  or  habitually  intoxicated  person,  and  requesting  such 
retailer  or  other  person  not  to  sell,  give,  or  deliver  him  any  such 
liquors  or  beverage,  under  a penalty  of  not  less  than  twenty-five 
dollars. 

Sec.  12.  No  retailer  of  liquors  licensed  under  the  provisions 
hereof,  shall  suffer  any  loud  and  boistet’ous  talking,  or  obscene  or 
profane  language,  quarreling,  singing,  fighting,  or  other  disturb- 
ance, in  or  about  his  place  of  business,  or  in  any  place  adjacent 
thereto  under  his  control,  to  the  annoyance  or  disturbance  of  per- 
sons passing  along  any  street,  or  public  place  in  the  vicinity  there- 
of, or  to  the  disturbance  of  the  peace  and  quiet  of  persons  doing 
business,  or  residing  in  the  neighborhood  thereof,  under  a penalty 
of  not  less  than  five  dollars  for  each  offense. 

Sec.  13.  "Whoever  shall  make  any  such  noise  or  disturbance 
mentioned  in  the  preceding  section,  or  shall  speak  any  profane, 
indecent,  insulting,  or  obscene  language  in  any  public  place  loud 


LIQUORS. 


121 


enough  to  be  overheard  by  persons  passing,  and  in  the  presence  of 
or  while  any  female  may  be  near  enough  to  be  likely  to  hear  the 
same,  shall  be  subject  to  a penalty  of  not  less  than  five  dollars  in 
each  case. 

Sec.  14.  Any  retailer  of  liquors  is  hereby  authorized  to  arrest 
any  person  making  any  disturbance,  or  violating  the  provisions 
hereof  in  his  house  or  premises,  and  take  such  person  before  any 
police  magistrate,  or  deliver  him  into  the  custody  of  the  marshal  or 
any  police  constable,  to  be  by  him  retained  in  custody  until  can  he 
brought  before  a competent  court  or  magistrate,  or  he  may  make 
complaint  before  any  police  magistrate  and  cause  such  person  to 
be  arrested  and  prosecuted. 

Sec.  15.  The  city  council  may  in  their  discretion  grant  license 
for  one  year  to  such  person  or  persons  as  may  apply  therefor,  to 
retail  liquors  in  any  quantity  not  less  than  one  pint,  and  that  to 
be  ca^rried  away  all  at  one  time  from  the  place  of  sale,  upon  such 
person  or  persons  paying  into  the  city  treasury  the  sum  of  one  hun- 
dred dollars  for  one  year,  and  entering  into  bond  in  the  manner 
required  in  the  fifth  section  hereof. 

Sec.  16.  No  person  licensed  under  the  provisions  of  the  pre- 
ceding section,  shall,  by  himself,  his  servant,  or  clerk,  suffer  any 
intoxicating  or  malt  liquors  to  be  used  or  drank  as  a beverage 
in  his  place  of  business,  or  in  any  premises  under  his  control, 
near  or  adjacent  thereto,  by  the  person  purchasing  the  same  or 
others,  under  a penalty  of  not  less  than  twenty-five  dollars  for  each 
offense. 

Sec.  17.  Upon  a second  conviction  for  a violation  of  any  of  the 
provisions  hereof,  in  addition  to  the  penalty  imposed,  the  license  of 
the  offender  shall  be  forfeited,  and  the  court  or  magistrate  before 
whom  conviction  shall  be  had,  shall  enter,  as  part  of  the  judgment 
on  such  second  conviction,  a forfeiture  of  the  license  of  the  offend- 
er, if  licensed. 

Sec.  18.  If  any  retailer  of  liquors  shall  violate  any  of  the  pro- 
visions of  the  seventh  and  eight  sections  hereof,  the  city  marshal 
or  any  police  constable  may  enter  and  close  his  place  of  business 
and  keep  it  closed  until  the  next  morning,  and  may  take  possession 
16 


122 


ORDINANCES. 


of  the  keys  or  fastenings  thereof,  and  shall  have  power  to  turn  out 
all  persons  found  therein  not  belonging  to  the  premises,  and  all 
offenders  shall  be  prosecuted  before  any  police  magistrate  or  other 
competent,  court,  and  shall  be  subject  to  the  penalties  prescribed  in 
the  preceding  sections  hereof. 

Sec.  19.  The  city  marshal  and  police  constables  shall  see  that 
the  provisions  hereof  are  strictly  observed  and  enforced,  and  shall 
prosecute  all  violations  of  the  same,  and  in  their  default,  any  per- 
son may  make  the  proper  complaint  of  such  violation  before  any 
police  magistrate  and  have  the  offender  prosecuted  as  in  other 
cases.  And  it  shall  be  the  duty  of  the  city  marshal  and  all  police 
constables,  at  all  times  to  arrest  or  cause  to  be  arrested  and  prose- 
cuted, without  delay,  all  persons  who  may  be  found  intoxicated  or 
riotous  in  any  public  place. 

Sec.  20.  All  subterfuges  and  evasions  for  the  purpose  of  avoid- 
ing the  requirements  or  provisions  hereof,  are  hereby  declared  to 
be  within  the  meaning  and  intent  and  shall  be  deemed  violations 
thereof. 

Sec.  21.  Every  retailer  of  liquors  licensed  under  the  pro- 
visions of  the  second  and  third  sections  hereof,  shall  keep  a copy 
of  this  ordinance  posted  up  in  some  conspicuous  place  in  his  place 
of  business. 

Sec.  22.  This  ordinance  shall  be  in  force  from  and  after  its 
due  publication,  and  all  ordinances  contrary  to  the  provisions  here- 
of are  hereby  repealed.  But  no  fine,  forfeiture,  penalty,  right, 
action,  suit,  debt,  or  other  liability  whatsoever,  created,  instituted, 
incurred,  or  accrued,  by  or  under  any  ordinance  heretofore  passed 
in  relation  to  intoxicating  liquors,  shall  be  released,  discharged, 
annulled,  repealed,  or  in  any  wise  affected,  but  the  same  may  be 
prosecuted,  recovered,  or  enjoyed,  or  any  suit  or  other  proceeding 
be  cohimenced  or  completed  thereon  as  fully  and  in  the  same 
manner  in  all  respects  as  if  such  ordinance  had  remained  in  full 
force. 

Passed  May  26,  1856. 


MISDEMEANORS. 


123 


An  Ordinance  amendatory  to  ^‘an  Ordinance  regulating  the  sale  of  Intoxicating  Liquors.” 

II. 

Section  1.  So  much  of  the  ordinance  authorising  the  retail  of 
spirituous,  vinous,  and  malt  liquors  as  authorises  the  sale  of  malt 
liquors,  upon  the  payment  of  an  annual  license  fee  of  one  hundred 
dollars,  be  and  the  same  is  hereby  repealed  : Provided  however, 
That  this  ordinance  shall  not  invalidate  any  such  license  now 
granted,  and  in  force  one  year  from  the  date  of  its  issue. 

Passed  June  1,  1857. 


An  Ordinance  amendatory  of  an  Ordinance  entitled  an  Ordinance  regulating 
the  sale  of  Intoxicating  Liquors.” 

III. 

Section  1.  Section  five,  of  an  ordinance  entitled  an  ordi- 
nance regulating  the  sale  of  intoxicating  liquors,”  be  so  amended 
that  the  bond  therein  required  to  be  executed,  may  also  be  ex- 
ecuted in  the  presence  of  the  city  clerk,  and  when  so  executed, 
such  bond  shall  have  the  same  effect  and  validity,  as  when  executed 
in  the  presence  of  the  mayor. 

Pased  September  17,  1857. 


CHAPTER  XIX. 

MISDEMEANORS. 

An  Ordinance  concerning  Misdemeanors. 

DIVISION  I. — OF  OFFENSES  AFFECTING  THE  PUBLIC  PEACE, 

MORALS,  AND  SAFETY. 

Section  1.  Any  two  or  more  persons  who  shall  assemble  for 
the  purpose  of  disturbing  the  peace,  or  of  committing  any  unlawful 
act,  and  who  shall  not  disperse  when  commanded  or  requested  by 
any  peace  officer,  shall  each  severally  be  subject  to  a penalty  of  not 
less  than  three  dollars. 


124 


ORDINANCES. 


Sec.  2.  Whoever  shall  assault,  strike,  or  fight  another,  or  shall 
be  guilty  of  any  conduct  calculated  to  provoke  a breach  of  the 
peace,  shall  be  subject  to  a penalty  of  not  less  than  three  dollars. 

Sec.  3.  Whoever  shall  disturb  the  peace  ; or  shall  be  guilty  of 
any  violent,  tumultuous,  offensive,  or  disorderly  conduct ; or  shall 
make  any  loud  or  unusual  noise  or  disturbance  ; or  shall  use  ob- 
scene, offensive,  profane,  or  unseemly  language ; to  the  annoyance, 
disturbance,  or  vexation  of  others,  shall  be  subject  to  a penalty  of 
not  less  than  three  dollars. 

Sec.  4.  Whoever  shall  knowingly  suffer  or  permit  any  assem- 
blage for  the  purpose  of  disturbing  the  peace,  or  of  committing  any 
unlawful  act,  or  any  breach  of  the  peace,  or  any  riotous,  tumultu- 
ous, offensive,  or  disorderly  conduct,  or  any  loud  or  unusual  noise 
or  disturbance,  or  obscene,  offensive,  profane,  or  unseemly  lan- 
guage, to  the  annoyance,  disturbance,  or  vexation  of  others,  in  or 
upon  any  premises  owned  or  occupied  by  him  under  his  control, 
shall  be  subject  to  a penalty  of  not  less  than  three  dollars. 

Sec.  5.  Whoever  shall  abet  or  encourage  any  unlawful  act,  or 
any  violation  of  any  ordinance  of  the  city,  shall  be  subject  to  a pen- 
alty of  not  less  than  three  dollars. 

Sec.  6.  Whoever  shall  willfully  or  heedlessly  disturb  any  as- 
sembly of  persons  met  together  for  religious  worship,  shall  be  sub- 
ject to  a penalty  of  not  less  than  five  dollars. 

Sec.  7.  Whoever  shall  willfully  or  heedlessly  disturb  any  law- 
ful assemblage  of  persons  ; or  shall,  on  the  Sabbath  day,  willfully 
or  heedlessly  disturb  the  peace  or  quiet  of  any  private  family,  shall 
be  subject  to  a penalty  of  not  less  than  three  dollars. 

Sec.  8.  Whoever  shall  make  a false  alarm  of  fire,  or  any  false 
cry  for  assistance,  shall  be  subject  to  a penalty  of  not  less  than 
three  dollars. 

Sec.  9.  Whoever  shall  be  found  in  a state  of  intoxication  in 
any  public  place,  or  in  any  place  open  to  public  view,  shall  be  sub- 
ject to  a penalty  of  not  less  than  three  dollars. 

Sec.  10.  Whoever  shall  purposely  or  publicly  make  any  in- 
decent exposure  of  his  or  her  person  ; or  shall  appear  in  a dress 
not  belonging  to  his  or  her  sex  ; or  in  an  indecent  or  lewd  dress ; 


MISDEMEANORS. 


125 


or  in  a state  of  nudity;  or  shall  be  guilty  of  any  other  indecent  or 
lewd  act  or  behavior,  shall  be  subject  to  a penalty  of  not  less  than 
five  dollars. 

Sec.  11.  Whoever  shall  exhibit,  sell,  or  offer  to  sell  any  inde- 
cent, obscene,  or  lewd  book,  picture,  statue,  or  other  like  thing ; or 
shall  exhibit  or  perform  any  indecent,  obscene,  or  lewd  play,  exhi- 
bition, or  other  representation,  shall  be  subject  to  a penalty  of  not  . 
less  than  five  dollars. 

Sec.  12.  Whoever  shall,  in  any  place  open  to  public  view, 
write,  mark,  draw,  cut,  or  make  any  obscene,  lewd,  or  indecent 
word  or  sentence,  design  or  figure,  shall  be  subject  to  a penalty  of 
not  less  than  five  dollars. 

Sec.  13.  Whoever  shall  indecently  exhibit  any  stud  horse,  bull, 
jackass,  or  other  animal  in  any  public  place ; or  shall  let  any  such 
animal  except  in  some  inclosed  place  out  of  public  view,  shall  be 
subject  to  a penalty  of  not  less  than  five  dollars. 

Sec.  14.  Whoever  -shall  in  any  manner  game  or  raffle  for  any 
money  or  thing  of  value,  or  for  any  check  or  other  thing  represent- 
ing or  intended  to  represent  the  same  ; or  shall  set  up  any  lottery ; 
or  shall  sell  or  dispose  of  for  gain,  any  ticket,  chance,  or  share  in 
any  lottery,  shall  be  subject  to  a penalty  of  not  less  than  twenty- 
five  dollars  in  each  case. 

Sec.  15.  Whoever  shall  knowingly  suffer  or  permit  any  species 
of  gaming  for  money  or  any  other  thing  of  value,  or  for  any  check 
or  other  thing  intended  to  represent  the  same,  in  any  house  or 
premises  owned  or  occupied  by  him  under  his  control ; or  shall  keep 
or  have  in  his  possession  any  gaming  implements  for  the  purpose  of 
gaming  therewith,  shall  be  subject  to  a penalty  of  not  less  than 
twenty-five  dollars  in  each  case. 

Sec.  16.  Whoever  shall  keep,  maintain,  frequent,  be  an  inmate 
of,  or  connected  with,  or  contribute  to  the  support  of  any  disorder- 
ly, gaming  or  bawdy  house,  house  of  ill  fame,  or  of  assignation,  or 
any  place  used  for  the  practice  of  fornication  ; or  shall  knowingly 
suffer  or  permit  any  premises  owned  or  occupied  by  him  under  his 
control,  to  be  used  for  any  such  purposes,  shall  be  subject  to  a 
penalty  of  not  less  than  fifty  dollars. 


126 


ORDINANCES. 


Sec.  17.  Any  person  able  to  work  and  maintain  himself  in 
some  honest  and  respectable  calling,  not  having  visible  means  of 
support,  who  shall  live  idly  without  employment,  or  loiter  or  stroll 
about  begging,  or  frequenting  gaming  houses,  disorderly  or  bawdy 
houses,  groceries,  tippling  houses,  or  other  places  where  intoxica- 
ting liquors  are  sold  ; or  who  shall  otherwise  lead  an  idle  or  profli- 
gate course  of  life  ; or  any  person  who  shall  keep  any  gaming 
house,  or  keep  or  exhibit  any  gaming  implements  for  the  purj)ose 
of  gaming  therewith,  or  shall  pursue  gaming,  or  who  shall  keep, 
maintain,  or  be  an  inmate  of  any  house  of  prostitution ; or  who 
shall  have  in  his  possession  any  implement  used  for  counterfeiting, 
or  for  the  commission  of  burglary,  or  for  picking  locks  or  pockets, 
or  any  Mexican  puzzle,  or  other  implement  or  device  used  by 
cheats  and  swindlers,  without  being  able  to  give  a good  account 
of  his  possession  of  the  same  ; or  who  shall  trespass  upon  private 
property  in  the  night  time,  or  habitually  sleep  in  sheds,  stables, 
outhouses,  or  in  the  open  air,  without  being  able  to  give  a good  ac- 
count of  himself  or  herself,  shall  be  deemed  a vagrant  and  shall  be 
subject  to  a penalty  of  not  less  than  flfty  dollars. 

Sec.  18.  Whoever  shall  on  Sunday,  keep  open  any  billiard 
room,  ball  or  pin  alley,  house,  grounds,  or  other  place  of  amuse- 
ment ; or  shall  suffer  or  permit  persons  to  assemble  therein  for  the 
purpose  of  amusement  or  play,  shall  be  subject  to  a penalty  of  not 
less  than  five  dollars. 

Sec.  19.  Whoever  shall  on  Sunday  disturb  the  peace  or  good 
order  of  society  by  any  play  or  amusement,  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars. 

Sec.  20.  Whoever  shall  on  Sunday,  (except  in  case  of  neces- 
sity, or  for  charitable  purposes,  or  where  the  person  shall  consci- 
entiously observe  some  other  day  of  the  week  as  the  Sabbath,)  keep 
open  his  place  of  business,  or  pursue  his  daily  labor  or  avocation, 
shall  be  subject  to  a penalty  of  not  less  than  three  dollars. 

Sec.  21.  Whoever  shall  inhumanly,  cruelly,  or  unnecessarily 
beat,  abuse,  or  otherwise  maltreat  any  dumb  animal,  shall  be  sub- 
ject to  a penalty  of  not  less  than  three  dollars. 

Sec.  22.  Whoever  shall  willfully,  maliciously,  or  negligently 


MISDEMEANORS. 


127 


break,  deface,  destroy,  or  otherwise  injure  any  public  property 
of  the  state,  county,  or  city,  or  any  private  property,  shall  be  sub- 
ject to  a penalty  of  not  less  than  three  dollars,  and  shall  also  be 
liable  for  the  costs  and  expenses  of  repairing  the  injuries  com- 
mitted, which  shall  be  added  to  the  penalty  and  constitute  a part 
thereof. 

Sec.  23.  Whoever  shall  carry  away  or  remove,  or  shall  will- 
fully, maliciously,  or  negligently  break,  deface,  destroy,  or  other- 
wise injure  any  monument,  tomb  stone,  tree,  shrub,  railing,  fence 
or  any  other  property,  article,  or  thing  belonging  to  any  cemetery 
or  burying  ground  within  the  city,  or  placed  or  erected  therein  for 
ornament  or  otherwise  ; or  shall  trespass  upon  or  maltreat  any 
grave  therein,  shall  be  subject  to  a penalty  of  not  less  than  ten 
dollars,  and  in  addition  thereto  the  expenses  which  may  be  in- 
curred in  repairing  the  injuries  committed,  shall  be  added  to  the 
penalty,  and  included  in  the  judgment. 

Sec.  24.  Whoever  shall  willfully,  maliciously,  or  negligently 
break,  deface,  destroy,  or  in  any  manner  injure  any  street  lamp 
or  lamp  post,  or  telegraph  post  or  telegraph  wire,  shall  be 
subject  to  a penalty  of  not  less  than  five  dollars,  and  in  addition 
thereto  the  amount  of  the  costs  and  expenses  of  repairing  the  in- 
juries committed  shall  be  added  to  the  penalty  and  form  a part 
thereof. 

Sec.  25.  Whoever  shall  without  due  authority  light  or  extin- 
guish any  street  lamp  ; or  shall  turn  on  the  gas  therein  shall  be 
subject  to  a penalty  of  not  less  than  five  dollars. 

Sec.  26.  Whoever  shall  climb  upon  any  street  lamp  post,  or 
shall  fasten  any  horse  or  other  animal  thereto,  or  shall  hang  or 
place  any  goods,  boxes,  wood,  or  other  substance  upon  or  against 
the  same,  shall  be  subject  to  a penalty  of  not  less  than  three  dol- 
lars. 

Sec.  27.  Whoever  shall  willfully  remove,  injure,  destroy,  or 
carry  away  any  cap  or  lid  placed  upon  the  service  boxes  of  the  gas 
light  company  upon  the  sidewalks  in  the  city,  shall  he  subject  to  a 
penalty  of  not  less  than  ten  dollars. 

Sec.  28,  Whoever  shall,  without  the  consent  of  the  owner  or 


128 


OKDINANCES. 


occupant  of  the  premises,  fasten  any  horse  or  other  animal  to  any 
fence,  railing,  or  tree,  or  to  any  boxing  placed  around  any  tree  ; 
or  shall  willfully,  maliciously,  or  negligently  in  any  manner  injure 
deface,  remove,  or  destroy  any  ornamental  or  shade  tree,  or  box- 
ing placed  around  the  same,  or  any  shrub,  fence,  railing,  gate,  or 
sign,  upon  any  public  grounds,  sidewalk,  or  private  premises  ; or 
shall  trespass  upon  any  private  premises  or  public  grounds,  and  in- 
jure, carry  away,  or  destroy  any  tree,  fruit,  vegetable,  plant,  shrub, 
or  other  thing  which  may  be  therein  for  ornament  or  otherwise, 
shall  be  subject  to  a penalty  of  not  less  than  three  dollars. 

Sec.  29.  Whoever  shall  without  the  consent  of  the  owner  or 
occupant  of  the  premises,  post,  put  up,  stick  or  place  any  hand 
bill,  placard,  show  bill,  or  notice  upon  any  building  or  fence  ; or 
shall  mark,  cut,  scratch,  or  otherwise  deface  any  fence,  or  any 
part  of  any  building,  shall  be  subject  to  a penalty  of  not  less  than 
three  dollars. 

Sec.  30.  Whoever  shall  purposely  and  rapidly  or  immoderately 
ride  or  drive  any  horse,  or  mule,  or  any  cattle,  or  other  like  ani- 
mals, or  any  team,  in  any  street  or  alley  in  the  inhabited  part  of 
the  city,  may  be  stopped  by  any  person,  and  shall  be  stopped  by 
any  police  officer,  and  shall  be  subject  to  a penalty  of  not  less  than 
three  dollars. 

Sec.  31.  Whoever  shall  leave  any  horse  or  mule,  or  any  team, 
in  any  uninclosed  or  public  place  without  being  fastened,  guarded, 
or  secured,  so  as  to  prevent  its  running  away,  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars. 

Sec.  32.  All  persons  meeting  each  other  in  vehicles  in  the 
streets  or  alleys,  or  in  any  public  place,  or  upon  or  near  any  bridge 
shall,  unless  the  nature  or  state  of  the  roadway  or  passway  shall 
render  it  impracticable,  each  turn  and  drive  to  the  right  side  so  as 
to  pass  each  other  without  accident  or  injury.  Whoever  shall  vio- 
late the  requirements  of  this  section  shall  be  subject  to  a penalty 
of  not  less  than  three  dollars,  and  shall  likewise  be  liable  for  all 
damage  that  may  occur  from  collision,  unless  it  be  satisfactorily 
shown  that  the  same  occurred  from  the  fault  or  misconduct  of  the 
other  party. 


MISDEMEANORS 


129 


Sec.  33.  Whoever  shall  in  the  inhabited  part  of  . the  city,  fire 
or  discharge  any  cannon,  gun,  pistol,  or  other  fire  arm ; or  shall 
set  oft’,  fire,  or  explode  any  torpedo,  fire  cracker,  fire  ball,  rocket, 
or  other  fire  works  whatever  ; or  shall  make  or  kindle  any  bonfire 
shall  be  subject  to  a penalty  of  not  less  than  three  dollars.  But 
the  discharge  of  fire  aams,  the  setting  oft*  or  oxploding  of  fire  works, 
and  the  making  of  bonfires  upon  national  holidays,  and  in  the  cele- 
bration of  other  public  and  general  events,  or  the  discharge  of  fire 
arms  by  the  members  of  any  military  company,  when  on  parade, 
and  in  accordance  with  the  command  of  the  commanding  officer, 
or  by  any  city  officer  or  other  person  in  the  discharge  of  any  legal 
duty,  or  lawful  act,  when  the  same  may  be  done  in  such  a manner 
as  not  to  endanger  or  be  likely  to  endanger  the  safety  of  any  per- 
son, or  the  injury  of  any  property,  shall  not  be  deemed  violations 
hereof. 

Sec.  34.  Whoever  shall  keep,  sell,  or  deliver  any  poison  usu- 
ally known  or  used  as  deadly  poison,  without  legibly  marking  the 
name  thereof,  or  the  word  ‘^poison”  upon  the  phial,  wrapper,  or 
other  inclosure  containing  the  same  ; or  whoever  shall  sell  or  de- 
liver any  arsenic,  strychnine,  prussic  acid,  or  other  poison  usually 
known  or  used  as  a deadly  poison,  to  any  person  known  to  him, 
without  registering  the  name  of  such  person,  and  the  kind  and 
quantity  of  the  poison  sold  or  delivered,  and  the  purpose  for  which 
the  same  was  obtained ; or  whoever  shall  sell  or  deliver  any  such 
poison  to  any  person  to  him  unknown,  shall  be  subject  to  a penalty 
of  not  less  than  five  dollars  in  each  case.  But  the  sale  or  delivery 
of  any  such  poisons  as  a medicine,  upon  the  prescription  of  a prac- 
ticing physician,  shall  not  be  deemed  a violation  of  this  section. 

Sec.  35.  Whoever  shall,  in  the  night  time,  leave  open  any  cel- 
lar, cellar  door,  vault,  well,  cistern,  excavation,  ditch,  or  other  like 
hole  upon  or  adjoining  any  street,  alley,  or  side  walk  without  se- 
curing and  protecting  the  same  so  as  not  to  endanger  the  safety  of 
persons  or  animals  passing  thereby,  from  falling  therein,  shall  be 
subject  to  a penalty  of  not  less  than  three  dollars. 

Sec.  36.  Any  contractor  for  any  public  work,  officer,  or  other 
person  making  any  excavation  upon  or  adjoining  any  street, 
17 


130 


ORDINANCES. 


alley,  or  side  walk,  or  having  the  same  in  charge,  who  shall  in 
the  night  time  leave  the  same  open  and  unprotected,  so  as  to 
endanger  the  safety  of  persons  or  animals  passing  thereby  from 
falling  therein,  shall  be  subject  to  a penalty  of  not  less  than  three 
dollars. 

Sec.  37.  Whoever  shall  knowingly  sell,  expose,  or  offer  for 
sale  any  sick  or  diseased  animal,  poultry,  or  fish ; to  be  used  or 
eaten  for  food ; or  the  flesh  of  any  sick,  diseased,  or  otherwise  un 
wholesome  dead  animal,  poultry,  or  fish  ; or  the  flesh  of  any  ani- 
mal, foul,  or  fish  not  usually  used  or  deemed  wholesome  for  food  ; 
or  any  other  unsound  or  unwholesome  provisions  or  article  of  food 
whatever  ; or  any  adulterated  or  pernicious  milk,  drink,  or  liquors 
shall  be^suhject  to  a penalty  of  not  less  than  ten  dollars  in  each 
case ; and  the  mayor  or  any  police  officer  shall  seize  or  cause  to  be 
seized  and  destroyed  any  such  food,  milk,  drink,  or  other  provi- 
sions so  exposed  or  offered  for  sale. 

Sec.  38.  Whoever  shall  knowingly  use  any  false  scale,  beam, 
weight,  or  measure  in  the  purchase  or  sale,  receipt  or  delivery,  of 
any  goods,  article,  or  property  purchased  or  sold,  received  or  de- 
livered, by  weight  or  measure  ; or  shall  use  any  weight  or  measure 
for  the  purchase  or  sale,  receipt  or  delivery,  of  any  goods,  article, 
or  property  purchased  or  sold,  received  or  delivered  by  weight  or 
measure,  knoAving  the  same  to  be  materially  inaccurate  and  differ- 
ent from  the  standard  prescribed  by  the  laws  of  the  state  ; or 
shall  sell  or  deliver  any  goods,  article,  or  property  sold  or  deliv- 
ered by  weight  or  measure,  and  purporting  to  be  of  a certain 
weight  or  measure,  knowing  the  same  to  be  material  less  than  the 
true  weight  or  measure  for  which  the  same  was  sold  or  delivered 
shall  be  subject  to  a penalty  of  not  less  than  ten  dollars  in  each 
case. 


DIVISION  II. — OF  OFFENCES  AGAINST  OFFICIAL  AUTHORITY. 

Section  1.  Whoever  shall  falsely  represent  himself  to  be 
an  officer  of  this  city  ; or  shall,  without  authority,  exercise  or 
attempt  to  exercise  any  of  the  poAvers,  duties,  or  functions  of 


MISDEMEANORS. 


131 


any  city  officer,  shall  be  subject  to  a penalty  of  not  less  than  ten 
dollars. 

Sec.  2.  Whoever  shall  willfully  hinder,  delay,  resist,  or  ob- 
struct any  city  officer,  or  any  person  legally  authorised  by  him, 
in  the  discharge  of  his  duty  ; or  shall  aid,  abet,  or  encourage 
any  such  hindering,  delaying,  resisting  or  obstructing ; or  shall 
neglect  or  refuse  to  obey  any  lawful  order  or  directions  of  any 
such  officer,  shall  be  subject  to  a penalty  of  not  less  than  three 
dollars. 

Sec.  3.  Whoever  shall  rescue,  or  attempt  to  rescue,  or  shall 
abet  or  encourage  the  rescue  or  escape  of  any  person,  from  the 
custody  of  any  officer  or  other  person  legally  having  him  in  charge  ; 
or  shall  molest  or  interfere  with  any  officer  or  other  person,  so 
legally  having  any  person  in  custody ; or  shall  in  any  manner  aid, 
abet,  or  encourage  the  rescue  or  escape,  or  the  attempt  to  escape 
from  any  prison  of  any  person  legally  committed  thereto ; or  shall 
supply  or  attempt  to  supply  any  such  person  with  any  weapon,  or 
with  any  implement  or  means  of  escape,  or  for  attempting  to  es- 
cape, or  with  any  intoxicating  liquors,  shall  in  each  case  be  subject 
to  a penalty  of  not  less  than  twenty-five  dollars. 

Sec.  4.  Any  police  officer  may  call  upon  any  white  male  per 
son  above  the  age  of  eighteen  years,  to  aid  him  in  the  arrest,  re- 
taking, or  custody  of  any  person  having  committed  any  unlawful 
act,  or  to  aid  in  preventing  the  commission  of  any  unlawful  act ; 
and  whoever  shall  neglect  or  refuse  to  give  such  aid  and  as- 
sistance when  so  required,  shall  be  subject  to  a penalty  of  five  dol- 
lars. 

Sec.  5.  Any  city  officer  who  shall  willfully  fail,  neglect,  or  re- 
fuse to  perform  any  duty  required  of  him  by  the  city  charter,  or 
the  ordinances  of  the  city ; or  who  shall  be  guilty  of  any  misfeas- 
ance, malfeasance,  or  improper  conduct  in  the  discharge  of  any  of 
the  duties  of  his  office,  shall  be  subject  to  a penalty  of  not  less  than 
ten  dollars  and  may  be  removed  from  office. 


132 


ORDINANCES. 


DIVISION  III. — OF  OFFENCES  AFFECTING  THE  STREETS,  ALLEYS 

AND  SIDE  WALKS.* 

Section  1.  No  builder  or  other  person  shall  incumber  or  ob- 
struct any  street  or  alley  with  building  or  other  like  materials, 
without  a written  permit  from  the  mayor ; nor  shall,  except  in  case 
of  urgent  necessity,  and  for  a short  time,  incumber  or  obstruct 
more  than  one  third  of  any  street  or  alley,  or  one  half  of  the  side 
walk  ; nor  shall  such  obstruction  continue  in  any  case  longer  than 
may  be  necessary  in  the  diligent  erection  of  such  building,  or  the 
prompt  execution  of  the  work.  Whoever  shall  violate  any  provi- 
sion of  this  section,  shall  be  subject  to  a penalty  of  not  less  than 
five  dollars,  and  to  an  additional  penalty  of  not  less  than  three  dol- 
lars for  each  day  he  shall  continue  in  violation  thereof. 

Sec.  2.  No  person  shall  remove  or  cause  to  be  removed,  or  aid 
in  removing  any  building  through  or  across  any  street  or  alley, 
without  a written  permit  from  the  mayor  ; nor  shall,  in  removing 
such  building  unnecessarily  incumber  or  obstruct  any  street  or 
alley,  nor  for  a longer  time  than  may  be  necessary  in  the  prompt 
and  diligent  removal  of  such  building,  under  a penalty  of  not  less 
than  ten  dollars  in  each  case,  and  an  additional  penalty  of  not  less 
than  three  dollars  for  each  day  such  building  shall  unnecessarily 
remain  in  any  street  or  alley. 

Sec.  3.  No  person  shall  make  or  cause  to  be  made  any  erec- 
tion or  inclosure,  encroaching  in  w’hole  or  in  part  upon  any  street, 
alley,  or  side  walk,  under  a penalty  of  not  less  than  twenty  dollars, 
and  an  additional  penalty  of  not  less  than  three  dollars  for  each 
day  the  same  shall  remain  after  notice  by  the  mayor,  the  marshal, 
or  the  supervisor,  to  remove  the  same. 

Sec.  4.  Whoever  shall  make  any  erection  or  inclosure  upon  or 
along  any  s-treet  or  alley,  without  first  asceitaining  the  line  thereof 

Any  erection  or  obstruction  placed  in  any  part  of  a public  street  or  highway  which 
deprives  the  public  of  the  use  of  any  part  thereof  is  a nuisance.  There  are  some  excep- 
tions, however — as  where  materials  are  temporarily  placed  in  a public  street  to  be  used  in 
erecting  a building  or  other  needful  improvement,  leaving  sufficient  room  for  the  free  and 
safe  passage  of  the  public.  People  vs.  St.  Louis,  5 Gil.  872. 


MISDEMEANOBS 


133 


from  the  city  surveyor  and  engineer,  shall  be  subject  to  a penalty 
of  ten  dollars. 

Sec.  5.  The  owner  of  any  erection  or  inclosure  already  erect- 
ed or  placed,  and  encroaching  upon  any  street  or  alley,  who  shall 
not  remove  the  same  after  thirty  days’  notice,  by  the  mayor,  the 
marshal,  or  the  supervisor,  shall  be  subject  to  a penalty  of  not 
less  than  ten  dollars,  and  to  an  additional  penalty  of  not  less 
than  three  dollars  for  each  day  he  shall  fail  to  comply  with  such 
notice. 

Sec.  6.  The  mayor,  the  marshal,  or  the  supervisor,  shall  cause 
any  incumbrance,  obstruction,  erection,  or  inclosure,  in  or  upon 
any  street,  alley,  or  sidewalk  contrary  to  ordinance,  to  he  removed ; 
and  the  costs  of  such  removal  may  be  collected  of  the  person  caus- 
ing such  obstruction,  with  the  penalty,  or  in  a separate  suit  in  the 
name  of  the  city. 

Sec.  7.  Whoever  shall  place,  throAv,  or  leave,  or  cause  to  be 
placed,  thrown,  or  left,  any  obstruction  or  incumbrance,  not  author- 
ised by  ordinance,  in  any  street  or  alley,  shall  be  subject  to  a pen- 
alty of  not  less  than  three  dollars,  and  to  an  additional  penalty  of 
not  less  than  one  dollar  for  each  hour  he  shall  not  remove  the 
same,  when  required  by  the  mayor,  the  supervisor,  or  any  police 
officer. 

Sec.  8.  No  person  not  authorised  by  ordinance  shall  make  any 
excavation  in  any  street,  alley,  or  sidewalk  without  a written  per- 
mit from  the  mayor,  or  the  supervisor,  under  a penalty  of  not  less 
than  three  dollars.  Any  person  making  or  causing  to  be  made 
any  excavation  or  ditch  for  any  purpose,  in  any  street,  alley,  or 
side  walk,  shall,  without  unnecessary  delay,  cause  the  same  to  be 
filled  up  to  the  proper  level  of  the  street,  alley,  or  side  walk,  and 
shall,  from  time  to  time,  if  necessary,  continue  to  repair  the  same, 
until  the  earth  is  completely  settled,  and  the  surface  conforms  to 
the  proper  level  of  the  street,  alley,  or  side  walk.  Any  person 
tearing  up  any  planked  or  paved  street,  alley,  or  side  walk,  or 
bridge  or  culvert,  for  any  purpose,  or  negligently  breaking  or  in- 
juring the  same,  or  breaking  or  injuring  the  same  by  the  removing 
of  any  building  over  the  same,  shall,  without  delay,  cause  such 


134 


OKDINANCES. 


planked  or  paved  street,  alley,  or  side  walk,  or  bridge  or  culvert, 
to  be  repaired  and  placed  in  the  same  condition  as  before  the 
breaking  or  injuring  thereof.  Any  person  making  or  causing  to 
be  made  any  excavation  or  ditch,  or  tearing  up,  breaking,  or  in- 
juring any  planked  or  paved  street,  alley,  or  side  walk,  bridge  or 
culvert,  or  causing  the  same  to  be  broken,  injured,  or  torn  up,  who 
shall  not  comply  with  the  requirements  of  this  section,  shall  be  sub- 
ject to  a penalty  of  not  less  than  five  dollars,  and  the  city  supervi- 
sor shall,  without  delay,  cause  such  filling  up  or  repairs  to  be  made 
and  completed,  and  the  costs  thereof  may  be  collected  of  any  per- 
son whose  duty  it  was  to  do  the  same,  and  recovered  with  the  pen- 
alty, or  in  a separate  suit,  in  the  name  of  the  city. 

Sec.  9.  Whoever  shall  purposely  change  or  remove  any  stake, 
post,  or  stone  placed  or  set  to  designate  the  corner  or  line  of  any 
lot  or  land,  street  or  alley,  or  to  show  the  grade  of  any  street, 
alley,  or  side  walk,  shall  be  subject  to  a penalty  of  not  less  than 
five  dollars. 

Sec.  10.  Whoever  shall  for  any  private  purpose  dig,  remove, 
or  carry  away  any  earth  from  any  street  or  alley,  without  the  per- 
mission of  the  city  council,  shall  be  subject  to  a penalty  of  not  less 
than  one  dollar  for  each  load  removed  or  carried  away,  and  any 
city  officer  who  shall  sell  or  dispose  of  any  earth  from  any  street 
or  alley,  for  his  private  gain  or  benefit,  shall  be  subject  to  a pen- 
alty of  not  less  than  twenty-five  dollars. 

Sec.  11.  Whoever  shall  throw,  place,  or  leave  any  ashes,  dirt, 
filth,  or  other  rubbish  in  or  upon  any  street,  alley,  or  sidewalk,  or 
shall  knowingly  sufi’er  or  permit  the  same  to  be  thrown,  placed,  or 
left  in  or  upon  any  street,  alley,  or  side  walk,  in  front  of  or  ad- 
joining any  premises  owned  or  occupied  by  him  under  his  control, 
shall  be  subject  to  a penalty  of  not  less  than  one  dollar,  and  to 
a like  penalty  for  each  hour  the  same  may  remain  after  notice 
to  remove  the  same  by  the  mayor,  the  supervisor,  or  any  police 
officer. 

Sec.  12.  Whoever  shall  throw,  place,  or  leave  any  live  coals  or 
fire,  or  make  or  kindle  any  fire  upon  any  planked  street,  alley,  or 
side  walk,  or  planked  street  crossing,  shall  be  subject  to  a penalty 


MISDEMEANORS. 


135 


of  not  less  than  three  dollars,  and  shall  likewise  be  liable  for  all 
damage  or  injury  caused  thereby,  the  costs  of  repairing  which  may 
be  recovered  with  the  penalty,  or  in  a separate  suil,  in  the  name  of 
the  city. 

Sec.  13.  No  person  shall  obstruct  or  incumber  any  street  or 
alley  with  merchandise,  fuel,  or  other  articles  or  property  longer 
than  may  be  necessary  in  the  diligent  removal  of  the  same,  under 
a penalty  of  not  less  than  one  dollar,  and  a like  penalty  for  each 
hour  the  same  shall  not  be  removed  after  notice  to  remove  the  same 
by  the  mayor,  the  supervisor,  or  any  police  officer. 

Sec.  14.  When  any  street  or  alley  may  be  obstructed  by  a 
press  of  teams,  wagons,  or  animals,  the  mayor,  the  supervisor,  or 
any  police  officer  may  give  such  orders  and  directions  as  may  be 
deemed  necessary  for  abating  the  obstruction  ; and  whoever  shall 
not  observe  and  obey  such  orders  and  directions,  shall  be  subject 
to  a penalty  of  three  dollars. 

|v  Sec.  15.  Whoever  shall  place  or  leave  or  cause  to  be  placed  or 
left  any  encroachment,  incumbrance,  or  obstruction  in  or  upon  any 
street,  alley,  or  side  walk,  shall,  in  all  cases,  be  liable  to  the  city, 
and  to  private  persons  for  all  damage  or  injury  arising  from  such 
encroachment,  incumbrance,  or  obstruction. 

Sec.  16.  No  steps,  platform,  or  other  fixture  shall  be  built  to 
extend  into  or  upon  any  side  walk  or  alley  more  than  three  feet ; 
and  all  steps  encroaching  upon  any  side  walk  or  alley  and  leading 
to  the  upper  story  of  any  building,  shall  be  securely  suspended 
without  posts.  Nor  shall  any  open  cellar  way,  or  basement  way, 
extend  into  or  upon  any  side  walk  or  alley  more  than  three  feet,  and 
shall  be  well  protected  and  secured  with  a substantial  iron  railing 
round  the  same.  Nor  shall  any  closed  cellar  way  or  basement  way 
extend  into  or  upon  any  side  walk  more  than  five  feet,  or  into  any 
alley  more  than  four  feet ; nor  shall  the  door  or  grating  of  any 
such  closed  cellar  way  or  basement  way,  extend  above  the  grade 
of  the  side  walk,  nor  exceec^ing  one  inch  above  the  grade  of  the 
alley  ; nor  shall  the  hinges,  lock,  or  other  fastenings  thereof,  be 
placed  on  the  upper  side  thereof  so  as  to  project  above  the  door, 
unless  within  two  feet  of  the  building.  No  show  window  siiall  ex- 


136 


OKDINANCES. 


tend  upon  any  sidewalk  more  than  eighteen  inches,  and  all  cellar 
windows  or  coal  holes,  placed  in  any  side  walk  or  alley,  shall  be 
well  secured  with  an  iron  grating  or  otherwise,  laid  even  with  the 
grade  of  the  side  walk  or  alley.  Whoever  shall  violate  or  shall  fail 
to  comply  with  the  requirements  of  this  section,  shall  be  subject  to 
a penalty  of  not  less  than  three  dollars,  and  to  a like  penalty  for 
each  day  he  shall  fail  to  comply  herewith,  after  notice  to  do  the 
same  by  the  mayor,  the  supervisor,  or  the  marshal. 

Sec.  17.  No  fixture,  building,  fence,  or  other  erection  or  in- 
closure, extending  or  incroaching  upon  any  street,  alley,  or  side 
walk,  contrary  to  ordinance,  shall  be  repaired  or  rebuilt,  under  a 
penalty  of  not  less  than  ten  dollars. 

Sec.  18.  Whoever  shall  place,  hang,  or  set  out  over  or  upon 
any  side  walk,  any  goods,  wares,  or  merchandise,  except  within 
three  feet  of  the  building  or  premises  occupied  by  him,  or  shall 
place,  suspend,  or  erect  any  sign,  show  bill,  show  case,  flag,  or 
other  obstruction  projecting  into  or  hanging  over  any  side  walk, 
exceeding  three  feet  from  the  building  or  premises  occupied  by 
him,  or  shall  knowingly  permit  the  same  to  be  done  in  front  of  any 
building  or  premises  owned  or  occupied  by  him  under  his  control, 
shall,  in  each  case,  be  subject  to  a penalty  of  not  less  than  one 
dollar,  and  an  additional  penalty  of  one  dollar  for  each  hour  the 
same  shall  remain,  after  notice  to  remove  the  same  by  the  mayor, 
the  supervisor,  or  any  police  officer. 

Sec.  19.  No  person  shall  incumber  or  obstruct  more  than  four 
feet  of  the  outer  edge  of  the  side  walk  with  any  goods,  wares,  mer- 
chandise, fuel  or  other  articles  or  property  he  may  be  receiving  or 
delivering,  nor  shall  permit  the  same  to  remain  upon  any  side  walk 
longer  than  may  be  necessary  in  the  diligent  removal  thereof,  nor 
in  any  case  to  exceed  twenty-four  hours,  under  a penalty  of  not 
less  than  one  dollar;  and  to  an  additional  penalty  of  one  dollar  for 
each  hour  the  same  may  remain,  after  notice  to  remove  the  same 
by  the  mayor,  the  supervisor,  or  any  police  officer. 

Sec.  20.  Whoever  shall  purposely  push  or  draw  any  sleigh, 
wagon,  or  other  vehicle,  or  drive,  lead,  or  ride,  any  team  or  Deast 
of  burden  over  or  upon  any  paved  or  planked  side  walk,  except  it 


MISDEMEANORS. 


137 


may  be  necessary  in  crossing  the  same  to  go  into  his  own  premises 
or  into  premises  where  no  wagon  crossing  or  other  suitable  means 
of  access  is  provided,  shall  be  subject  to  a penalty  of  not  less  than 
three  dollars. 

Sec.  21,  Whoever  shall  fasten  or  leave  any  team  or  beast  of 
burden  in  such  a manner  as  that  the  team,  the  vehicle,  the  animal, 
the  harness,  the  lines,  or  any  thing  belonging  thereto,  shall  be  an 
obstruction  to  the  side  walk,  shall  be  subject  to  a penalty  of  not 
less  than  one  dollar. 

Sec.  22.  Whoever  shall  not  keep  the  paved  or  planked  side 
walks  in  front  of  or  adjoining  the  premises  owned  or  occupied  by 
him  and  under  his  control,  so  as  not  to  be  obstructed  by  snow,  dirt, 
weeds,  or  other  obstruction,  shall  be  subject  to  a penalty  of  one 
dollar,  and  to  a like  penalty  for  each  day  he  shall  not  remove  such 
obstruction,  after  notice  to  do  the  same  by  the  mayor,  the  super- 
visor, or  any  police  officer. 

Sec.  23.  Whoever  shall  obstruct  any  street  crossing  by  un- 
necessarily stopping  thereon  with  any  team,  vehicle,  or  animal,  so 
as  to  incommode  persons  crossing  the  same,  shall  be  subject  to  a 
penalty  of  not  less  than  one  dollar. 

Sec.  24.  Whoever  shall  suffer  or  permit  the  water  falling  or 
draining  from  any  building  owned  by  him  or  under  his  control,  to 
spread  over  the  side  walk  in  front  thereof,  shall  be  subject  to  a 
penalty  of  one  dollar,  and  to  a,  like  penalty  for  each  day  he  shall 
not  remedy  the  same,  after  notice  to  do  the  same  by  the  mayor,  or 
the  supervisor. 


DIVISION  IV. — OF  BOYS. 

Section  1.  Any  two  or  more  boys,  who  in  the  night  time  may 
be  assembled  together  and  disturbing  any  lawful  assemblage  of  per- 
sons, or  making  any  unusual  noise  or  disturbance  to  the  disquiet 
or  annoyance  of  the  neighborhood  ; or  who  may  be  found  loitering 
or  strolling  about,  and  who  shall  not  disperse  and  go  to  their  sev- 
eral homes  when  required  by  the  mayor  or  any  police  officer,  shall 
each  severally  be  subject  to  a penalty  not  exceeding  five  dollars  in 
each  case. 


18 


138 


ORDIXAXCES. 


Sec.  2.  No  boy  or  other  person  shall,  in  the  inhabited  part  of 
the  city,  use  or  drive  any  hoop,  or  use  any  bov'  and  arrow,  or  raise 
or  fly  any  kite,  or  smoke  or  fire  balloon,  or  (except  upon  national 
holidays  or  other  public  and  general  celebrations,)  make  or  kindle 
any  bonfire,  or  fire,  explode  or  set  off  any  fire  arms,  fire  balls,  fire 
cracker,  torpedo,  rocket,  or  other  fire  works  ; or  shall  otherwise 
pursue  any  amusement  or  exercise  calculated  to  impede  travel,  or 
to  frighten  animals,  or  injure  or  annoy  persons  passing  along  the 
streets  or  side  walks,  under  a penalty  not  exceeding  five  dollars  in 
each  case. 

Sec.  3.  No  boy  or  other  person  shall  purposely  or  heedlessly 
cast  or  throw  any  stone  or  other  missile,  from  or  into  any  public 
place,  or  at  any  person,  or  at,  upon,  against,  or  into  any  building, 
premises,  tree,  or  other  property,  or  shall  walk  upon  the  top  or 
capping  of  any  fence  or  railing,  or  climb  upon  the  same,  or  into 
any  shade  or  ornamental  tree  upon  any  side  walk  or  elsewhere 
without  the  consent  of  the  owner  thereof,  or  shall  in  anv  wise  in- 
jure,  deface,  or  destroy  any  building,  fence,  railing,  tree,  or  other 
property,  or  shall  meddle  with  any  public  well,  cistern,  or  pump, 
under  a penalty  not  exceeding  ten  dollars  in  each  case. 

Sec.  4.  Any  boy  or  other  person  who  shall  willfully  or  heed- 
lessly make  any  unusual  noise  or  disturbance  to  the  disquiet  or 
annoyance  of  others ; or  shall  disturb  any  assembly  met  for  relig- 
ious worship  ; or  any  other  lawful  assembly  of  persons ; or  who 
shall  assault  or  strike  any  other  boy  or  person ; or  who  shall  tres- 
pass upon  any  public  grounds  or  private  premises,  and  injure, 
carry  away,  or  destroy  any  tree,  fruit,  vegetable,  plant,  shrub,  or 
other  thing  of  value  therein  ; or  who  shall  get  into  or  upon  any 
wagon  or  other  vehicle,  without  the  consent  of  the  owner  thereof ; 
or  shall  otherwise  purposely  annoy  or  molest  any  other  person, 
shall  be  subject  to  a penalty  not  exceeding  ten  dollars  in  each 
case. 

Sec.  5.  Any  boy  or  other  person  who  shall  abet  or  encourage 
any  violation  hereof,  or  any  other  unlawful  act,  shall  be  subject  to 
a penalty  not  exceding  ten  dollars.  ’ 

Passed  June  17,  1856. 


NDISANCES. 


139 


CHAPTER  XX. 

NUISANCES. 

An  Ordinance  in  relation  to  Nuisances. 

DIVISION  I. — NUISANCES  IN  GENERAL. 

Section  1.  Any  premises  or  any  part  thereof,  which  may  be 
nauseous,  foul  or  offensive  to  the  neighborhood,  or  to  any  person  or 
family  residing  near  the  same,  or  to  persons  passing  along  any 
street  or  alley  near  the  same,  or  in  such  a condition  as  to  be  de- 
trimental or  obnoxious  to  the  public  health  or  comfort,  shall  he 
deemed  a nuisance,  and  any  owner  or  occupant  of  such  premises, 
who  shall  neglect  or  refuse  to  abate,  remedy,  or  remove  such  nui- 
sance, or  cleanse  such  premises  after  notice  thereof  by  the  super- 
visor, the  marshal,  or  any  police  constable,  or  any  person  aggrieved 
thereby,  shall  be  subject  to  a penalty  of  not  less  than  three  dol- 
lars for  each  day  he  shall  so  neglect  or  refuse  to  abate,  remove, 
remedy,  or  cleanse  the  same  after  such  notice. 

Sec.  2.  Any  pen,  place,  or  premises  in  which  swine  are  kept 
or  confined,  which  may  be  offensive,  or  an  annoyance  to  any  per- 
son residing  near  the  same,  or  to  persons  passing  along  any  street 
or  alley  near  the  same,  is  hereby  declared  to  be  a nuisance,  and 
the  owner  or  keeper  of  such  swine,  or  the  owner  and  occupant  of 
the  premises,  who  shall  neglect  or  refuse  to  abate,  remedy,  or  re- 
move such  nuisance,  after  notice  thereof  by  the  supervisor,  the 
marshal,  any  police  constable,  or  any  person  aggrieved  thereby, 
shall  be  subject  to  a penalty  of  not  less  than  three  dollars  for  each 
day  he  shall  so  neglect  or  refuse  to  abate,  remedy,  or  remove  such 
nuisance  after  such  notice. 

Sec.  3.  Any  nauseous,  foul,  ofiensive,  or  putrid  liquid,  or  sub- 
stance, or  any  liquid  or  substance  likely  to  become  nauseous,  foul, 
ofiensive,  or  putrid  which  may  be  discharged,  placed,  or  thrown, 
or  flow  from,  or  out  of  any  premises,  into  any  street  or  alley,  or 
into  any  adjacent  premises,  is  hereby  declared  a nuisance,  and 
whoever  shall  throw,  place,  or  discharge  any  such  nauseous,  foul. 


140 


ORDINANCES. 


offensive,  or  putrid  liquid  or  substance,  or  any  liquid  or  substance 
likely  to  become  nauseous,  foul,  offensive,  or  putrid,  into  any  street 
or  alley,  or  into  any  adjacent  premises,  or  shall  permit  any  such 
nuisance  to  be  discharged,  or  to  flow  from  or  out  of  any  premises 
owned  or  occupied  by  him  or  under  his  control,  into  any  street  or 
alley,  or  into  any  adjacent  premises,  shall  be  subject  to  a penalty 
of  not  less  than  three  dollars,  and  to  a like  penalty  for  each  day 
he  shall  not  abate,  remedy,  or  remove  the  same,  after  notice  there- 
of by  the  supervisor,  the  marshal,  any  police  constable,  or  any 
person  aggrieved  thereby. 

Sec.  4.  Whoever  shall  deposit,  throw,  or  discharge,  or  leave 
any  nauseous,  foul,  offensive,  or  putrid  liquid,  substance,  or  excre- 
ment, or  any  liquid  or  substance  likely  to  become  nauseous,  foul, 
offensive,  or  putrid  within  the  city,  or  (so  as  to  be  or  likely  to  be- 
come offensive  or  injurious  to  the  health  or  comfort  of  any  person 
residing  within  the  city,)  within  one  half  mile  thereof,  shall  be 
deemed  guilty  of  a nuisance,  and  shall  be  subject  to  a penalty  of 
not  less  than  three  dollars,  and  to  a like  penalty  for  each  day  he 
shall  not  abate,  remedy,  or  remove  such  nuisance  after  notice  there- 
of by  the  supervisor,  the  marshal,  any  police  constable,  or  any 
resident  of  the  city,  aggrieved  thereby. 

Sec.  5.  Any  person  who  shall  knowingly  suffer  any  dead  ani- 
mal belonging  to  him  to  remain  within  the  city,  or  within  one  half 
mile  thereof,  so  as  to  be  or  be  likely  to  become  putrid  and  nauseous, 
or  offensive  to  any  person  residing  within  the  city,  shall  be  deemed 
guilty  of  a nuisance,  and  shall  be  subject  to  a penalty  of  not  less 
than  three  dollars. 

Sec.  6.  No  person  shall  in  removing  any  dead  animal,  or  ex- 
crement, or  any  other  nauseous,  offensive,  or  putrid  liquid,  or  sub- 
stance, purposely  or  unnecessarily  cause  the  same  to  be  offensive 
or  annoying  to  any  other  person,  under  a penalty  of  not  less  than 
three,  dollars. 

Sec.  7.  When  any  nuisance  or  any  thing  likely  to  become  a 
nuisance,  shall  be  found  by  the  supervisor,  the  marshal,  or  any  po- 
lice constable,  or  shall  be  reported  to  them,  the  author,  owner,  or 
cause  of  such  nuisance,  shall  forthwith  be  notified  to  abate,  remedy 


NUISANCES. 


141 


or  remove  the  same,  and  in  case  he  shall  not  comply  with  such 
notice,  the  officer  shall  abate  such  nuisance,  and  bring  suit  against 
such  person  in  the  name  of  the  city,  for  the  penalty,  and  the  costs 
of  removal  or  abatement  may  also  be  recovered  with  the  penalty, 
or  by  a separate  suit  in  the  name  of  the  city  before  any  court  hav- 
ing jurisdiction.  When  any  nuisance  or  any  thing  likely  to  be- 
come a nuisance,  may  be  found  upon  any  premises,  and  the  owner, 
author,  or  cause  of  such  nuisance  is  unknown  or  can  not  be  found, 
the  owner,  occupant,  or  agent  of  such  premises  shall  be  notified  to 
abate  the  same,  and  if  such  owner  or  his  agent  or  occupant,  whose 
duty  it  is  to  abate  such  nuisance  shall  not  comply  with  such  notice, 
he  shall  be  subject  to  a penalty  of  not  less  than  three  dollars,  and 
the  officer  shall  proceed  without  delay  to  abate  the  same,  and  may 
bring  suit  in  the  name  of  the  city  against  the  person  liable  there- 
for, for  the  penalty  and  the  costs  of  removal  or  abatement,  or  if  no 
person  liable  therefor  can  be  found,  may  report  such  costs  under 
oath  to  the  city  council  for  allowance,  and  assessment  against  the 
premises  chargeable  therewith.  When  the  owner,  author,  or  cause 
of  such  nuisance,  or  the  owner,  or  his  agent,  or  the  occupant  of  the 
premises  upon  which  such  nuisance  may  exist  is  unknown  or  can 
not  be  found  within  the  city,  the  officer  shall  abate  such  nuisance 
forthwith  without  notice,  and  may  bring  suit  in  the  name  of  the 
city  for  the  penalty  and  the  costs  of  removal  or  abatement  against 
the  owner,  author,  or  cause  of  such  nuisance,  or  the  owner  or 
occupant  of  the  premises,  or  other  person  liable  therefor,  or  if 
no  person  liable  therefor  can  be  found,  may  report  the  costs  of 
such  removal  or  abatement  under  oath  to  the  city  council  for 
allowance,  and  assessment  against  the  premises  chargeable  there- 
with. 


DIVISION  II. — NUISANCES  UPON  LOTS. 

Section  1.  Any  lot  or  premises  upon  which  stagnant  water 
may  be  standing  so  as  to  become  or  be  likely  to  become  putrid, 
foul,  or  olfensive,  or  detrimental  to  the  health  and  comfort  of  per- 


142 


ORDINANCES, 


sons  residing  in  the  neighborhood  thereof,  is  hereby  declared  a 
nuisance. 

Sec.  2.  When  any  lot  or  premises  shall  be  referred  to  the 
board  of  health  by  the  city  council,  or  reported  to  them  as  a nui- 
sance, or  as  likely  to  become  a nuisance,  from  stagnant  water 
standing  thereon  or  any  other  cause  detrimental  to  the  public 
health  or  comfort,  the  board  shall  examine  into  the  condition  of 
such  lot  or  premises,  and  if  the  same  shall  be  found  in  such  a con- 
dition as  to  be  detrimental  or  obnoxious  to  the  health  or  comfort 
of  persons  residing  in  the  neighborhood  thereof,  shall  report  such 
lot  or  premises  as  a nuisance  to  the  city  council,  stating  the  cause, 
and  the  manner  deemed  best  for  abating  such  nuisance,  either  by 
filling  up  or  draining  such  lot  or  premises  or  otherwise. 

Sec.  3.  When  any  lot  or  'premises  shall  be  reported  to  the 
city  council  as  a nuisance  by  the  board  of  health,  the  city  council 
may,  by  the  passage  of  an  ordinance,  declare  such  lot  or  premi- 
ses to  be  a nuisance,  stating  the  cause  therefor,  and  require  the 
owner  or  occupant  of  the  lot  or  premises  or  other  person  liable 
therefor  to  fill  up  or  drain  such  lot  or  premises,  or  otherwise 
abate  such  nuisance,  within  such  time  as  may  be  named  in  the  or- 
dinance. 

Sec.  4.  The  mayor  shall,  without  delay,  after  the  passage  of  any 
ordinance  declaring  any  lot  or  premises  a nuisance  and  requiring 
such  nuisance  to  be  abated  by  the  filling,  draining,  or  otherwise 
improving  of  such  lot  or  premises,  cause  a copy  of  such  ordinance 
to  be  delivered  to  the  owner  of  such  lot  or  premises,  or  his  agent, 
or  the  occupant  thereof,  or  any  other  person  whose  duty  it  is  to 
abate  the  nuisance  thereon.  If  the  owner  of  such  lot  or  premises, 
or  other  person  whose  duty  it  is  to  abate  the  nuisance  thereon,  is 
not  a resident  of  the  city,  the  mayor  may  inclose  a copy  of  the 
ordinance  to  such  owner  or  other  person  by  mail,  directed  to  him 
at  the  post  office  at  which  he  usually  receives  his  letters,  if  known. 
But  if  such  owner  or  other  person  whose  duty  it  is  to  abate  such 
nuisance,  or  his  agent,  is  unknown,  or  his  place  of  residence  is  un- 
known, the  ordinance  shall  be  published  for  three  days  in  the  news- 


NUISANCES. 


143 


paper  publishing  the  ordinances  of  the  city,  which  shall  be  sufficient 
notice  to  all  persons. 

Sec.  5.  If  any  lot  or  premises  shall  not  be  filled  up  or  drained 
or  such  nuisance  otherwise  abated  in  compliance  with  such  ordi- 
nance, the  mayor  shall  cause  the  same  to  be  done  by  the  city  super- 
visor, or  may  let  the  same  by  contract  in  the  same  manner  as  for 
public  improvements,  and  when  completed  shall  report  to  the  city 
council  an  accurate  account  of  the  cost  thereof,  under  the  oath  of 
the  supervisor  or  of  the  contractor  doing  the  same,  and  the  amount 
so  necessarily  expended  in  abating  such  nuisance  may  be  recovered 
of  the  owner  of  such  lot  or  premises,  or  of  any  other  person  liable 
therefor,  by  suit  in  the  name  of  the  city  before  any  court  having 
jurisdiction,  or  may  be  assessed  against  the  lot  or  premises  charge- 
able therewith,  and  collected  by  warrant  and  sale  of  the  same  in 
the  same  manner  as  other  nuisances. 

Sec.  6.  When  any  lots  or  premises  shall  be  filled  up  or  drained, 
or  any  nuisance  thereon  otherwise  abated,  the  officer  or  contractor 
doing  the  same  shall  keep  an  accurate  account  of  the  cost  of  abat- 
ing such  nuisance  upon  each  separate  lot  or  premises,  and  shall  re- 
port the  same  separately,  but  if  the  exact  cost  of  each  cannot  be 
ascertained,  he  shall  apportion  the  costs  equitably  as  near  as  may 
be  to  each  separate  lot  or  premises. 


DIVISION  III. — DILAPIDATED  BUILDINGS. 

Section  1.  Any  wooden  building  or  wooden  part  of  any  build- 
ing in  the  fire  limts,  which  may  be  situated  within  thirty  feet 
of  any  contiguous  building,  and  which  shall  be  so  dilapidated 
and  out  of  repair  as  to  be  untenantable,  is  hereby  declared  a nui- 
sance. 

Sec.  2;  When  any  such  building  or  part  of  building  shall  be 
reported  to  the  city  council,  the  same  shall  be  referred  to  the  com- 
mittee on  fire  and  water  or  other  appropriate  committee,  who  shall 
examine  such  building  and  report  the  condition  thereof  and  if  the 
city  council  shall  be  satisfied  that  such  building  is  untenantable 
and  within  thirty  feet  of  any  adjoining  building,  they  may  pass  an 


144 


OKDINANCES. 


ordinance  requiring  the  removal  of  such  building,  describing  the 
same  and  the  location  thereof,  without  the  fire  limits,  within  such 
time  as  they  may  deem  necessary. 

Sec.  3.  The  mayor  shall,  without  delay,  after  the  passage  of 
any  ordinance  requiring  the  removal  of  any  such  building,  make 
out,  sign,  and  deliver  to  the  marshal,  a notice  containing  a copy  of 
the  ordinance,  directed  to  the  owner  of  such  building,  requiring 
him  to  remove  the  same  in  compliance  therewith.  The  marshal 
shall,  without  delay,  serve  such  notice  upon  the  owner  of  such 
building,  or  his  agent,  retaining  a copy  thereof.  But  if  the  owner 
is  a non-resident  and  has  no  known  agent  residing  in  this  city,  the 
mayor  shall  send  the  notice  to  him  by  mail,  directed  to  him  at  the 
post  office  at  which  he  usually  receives  his  letters,  if  known,  retain- 
ing a copy  thereof.  If  no  owner  or  his  agent  can  be  found,  or  the 
owner  or  his  place  of  residence  is  unknown,  the  mayor  shall  cause 
the  ordinance  to  be  published  for  three  days  in  the  newspaper 
publishing  the  ordinances  of  the  city,  which  shall  be  deemed  suf- 
ficient notice  to  all  persons.  If  any  such  building  shall  not  be 
removed  in  compliance  with  such  notice,  at  the  expiration  of  the 
time  named  therein,  the  mayor  shall  order  the  city  marshal  to  re- 
move or  tear  down  such  building,  or  such  part  thereof  as  may  be 
necessary. 

Sec.  4.  The  marshal  shall,  without  delay,  execute  the  order  of 
the  mayor,  and  shall  report  the  costs  of  removal  of  any  such  build- 
ing upon  oath  to  the  city  council,  and  the  same  may  be  collected 
of  the  owner  of  the  building  by  suit  in  the  name  of  the  city  before 
any  court  having  jurisdiction,  or  assessed  against  the  premises 
chargeable  therewith,  and  collected  by  warrant  and  sale  of  the 
same,  in  the  same  manner  as  in  other  nuisances. 

Sec.  5.  Any  owner  of  any  such  building  who  shall,  when  noti- 
fied thereof,  neglect  or  refuse  to  remove  such  building,  in  compli- 
ance with  such  notice,  shall  be  subject  to  a penalty  of  not  less  than 
twenty  dollars. 

Sec.  6.  Any  building,  or  erection,  or  part  thereof,  which  shall 
be  in  danger  of  falling,  or  otherwise  in  such  a condition  as  to  en- 
danger the  safety  of  persons  passing  under  or  near  the  same,  or 


NUISANCKS. 


145 


residing  adjacent  thereto,  or  to  endanger  any  property  contiguous 
thereto,  is  hereby  declared  to  be  a nuisance. 

Sec.  7.  When  knowledge  of  any  such  dangerous  building  or 
erection  shall  come  to  the  mayor,  he  shall,  without  delay,  summon 
three  disinterested  citizens  of  the  city,  who  shall  with  him  inspect 
such  building  or  erection,  and  if  they  or  a majority  of  them,  shall 
be  of  the  opinion  that  the  same  endangers  the  safety  of  persons  pas- 
sing under  or  near  the  same,  or  residing  adjacent  thereto,  or  any 
property  contiguous  thereto,  the  mayor  shall,  without  delay,  notify 
or  cause  to  be  notified  the  owner  or  person  having  charge  of  such 
building  or  erection,  forthwith  to  remove,  demolish,  or  otherwise 
secure  the  same  or  such  part  thereof  as  may  be  necessary ; and 
upon  his  failing  or  refusing  to  comply  with  such  notice,  the  mayor 
shall,  without  delay,  cause  such  building  or  erection,  or  such  part 
thereof  as  may  be  necessary,  to  be  removed,  demolished,  or  other- 
wise secured,  so  as  to  be  safe  and  harmless  ; and  the  owner  of  such 
building  or  erection,  or  person  having  charge  of  the  same,  who 
shall  so  fail  or  refuse  to  comply  with  such  notice,  shall  be  subject 
to  a penalty  of  not  less  than  twenty  dollars,  and  the  costs  of  re- 
moving, demolishing,  or  securing  such  building  or  erection,  shall 
be  reported  to  the  city  council  by  the  mayor,  and  the  same  may  be 
collected  of  the  owner  of  such  building  or  erection,  or  person  hav- 
ing the  same  in  charge,  by  suit  in  the  name  of  the  city  before  any 
court  having  jurisdiction,  or  assessed  against  the  premises  charge- 
able therewith,  and  collected  by  warrant  and  sale  of  the  same,  in 
the  same  manner  as  other  nuisances. 

Sec.  8.  All  scaffolds  or  other  erections  used  in  the  erection  of 
any  building,  shall  be  made  secure  and  sufiiciently  wide  to  insure 
the  safety  of  persons  working  thereon  or  passing  under  the  same, 
against  the  falling  thereof,  or  of  materials  that  may  be  placed 
thereon.  Any  scaffold  or  other  erection  which  may  be  otherwise 
constructed,  shall  be  deemed  a nuisance,  and  whoever  shall  erect  or 
use  any  such  insecure  or  dangerous  scaffold  or  other  erection,  shall 
be  subject  to  a penalty  of  not  less  than  ten  dollars,  and  upon  his 
failure  or  refusal  to  remedy  or  remove  the  same  forthwith,  when 
required  by  the  mayor,  the  supervisor,  or  any  police  ofl&cer,  the 
19 


146 


ORDINANCES. 


officer  shall  cause  the  same  to  be  done  and  the  costs  of  such  re- 
moval shall  be  collected  of  the  owner  or  builder  thereof  and  re- 
covered by  suit  in  the  name  of  the  city  before  any  court  having 
jurisdiction. 


DIVISION  IV. — ASSESSMENTS  FOR  ABATING  NUISANCES. 

Section  1.  When  any  costs  or  expenses  necessarily  expended 
in  removing  or  abating  any  nuisance  upon  any  premises  chargeable 
therewith,  shall  be  reported  to  the  city  council  and  examined  by 
them,  they  may  by  an  order  to  be  entered  at  full  upon  the  journals, 
approve  and  confirm  the  same,  and  levy  and  assess  such  costs  and 
expenses  against  the  premises  chargeable  therewith.  The  order 
shall  contain  a correct  list  and  description  of  the  premises,  with 
the  name  of  the  owner  thereof,  if  known,  and  the  amount  assessed 
against  each  lot  or  premises  set  opposite  thereto,  and  may  be  sub- 
stantially as  follows,  to  wit : 

Ordered  by  the  city  council,  that  the  several  sums  set  opposite 
to  each  of  the  following  described  lots,  (parts  of  lots,  real  estate,  or 
premises,  as  the  case  may  be,)  to  wit : 


Name  of  owner. 

DESCRIPTION. 

Amount  of  Assessment. 

Lot. 

Block. 

Addition. 

A.  B. 

1 

22 

E.  lies. 

$20,00. 

C.  D. 

N>^5 

21 

0.  T.  P. 

5.00. 

E.  F. 

4 

6 

Mason’s. 

40,00. 

Being  the  costs  and  expenses  approved  by  the  city  council,  for 
abating  nuisances  upon  each  of  the  aforesaid  lots  or  premises,  by 
the  city,  after  failure  of  the  owners  or  other  persons  whose  duty  it 
was  to  abate  such  nuisance,  after  due  notice  to  do  the  same  in  pur- 
suance of  the  ordinances  of  the  city,  be,  and  the  same  are  hereby 
levied  and  assessed  against  each  of  said  lots  or  premises  to  defray 
the  costs  and  expenses  of  abating  said  nuisances  thereon,  and  that  a 
warrant  issue  for  the  collection  of  said  assessment  against  each  lot, 
parts  of  lot  or  premises,  returnable  within  sixty  days  from  the  date 
thereof.” 


NCriSANCES. 


147 


Sec.  2.  The  city  clerk  shall,  without  delay,  after  the  passage 
of  the  order  of  assessment,  make  out  and  deliver  to  the  assessor 
and  collector,  a warrant  for  the  collection  of  the  assessments  con- 
taining a true  copy  of  the  order  of  the  city  council,  signed  by  the 
mayor  and  himself  under  the  corporate  seal  and  returnable  within 
sixty  days  from  the  date  thereof.  The  clerk  shall  take  the  receipt 
of  the  assessor  and  collector  for  the  warrant  upon  delivery  thereof 
and  charge  him  with  the  amount  of  the  same. 

Sec.  3.  The  assessor  and  collector  upon  receipt  of  the  warrant, 
shall,  without  delay,  cause  a notice,  signed  by  him,  to  be  published 
for  ten  days,  in  the  newspaper  publishing  the  ordinances  of  the 
city,  stating  that  the  warrant  for  the  collection  of  the  assessments 
made  by  the  city  council  against  the  premises  named  therein,  (de- 
scribing the  same  with  the  name  of  the  owner  thereof,  if  known, 
and  the  amount  of  the  assessment  as  fully  set  forth  in  the  warrant,) 
and  for  the  sums  set  opposite  to  each,  for  the  costs  and  expenses 
of  abating  nuisances  upon  such  premises,  has  been  delivered  to  him 
for  collection  and  that  payment  of  the  same  is  demanded.  Such 
notice  shall  be  deemed  a sufficient  demand  and  a neglect  to  pay 
such  assessment  for  twenty  days  after  the  expiration  of  such  notice 
shall  be  deemed  a refusal.  But  the  assessor  and  collector  shall,  as 
far  as  is  practicable,  make  personal  demand  of  payment  of  the 
owner  of  such  premises,  or  his  agent,  or  other  person  liable  there- 
for, if  he  may  be  found  within  the  city. 

Sec.  4.  The  assessor  and  collector  shall  in  the  collection  of  the 
warrant  have  all  the  powers  conferred  on  him  by  law  in  the  collec- 
tion of  general  warrants  for  taxes,  and  shall  perform  the  same 
duties  and  be  subject  to  the  same  liabilities,  and  his  return  may  be 
made  in  like  form.  The  city  council  may  by  order  or  resolution 
extend  the  time  of  the  return  of  the  warrant. 

Sec.  5.  When  any  warrant  shall  be  returned  unsatisfied  in 
whole  or  in  part  as  to  any  assessment  against  any  lot  or  premises 
or  any  part  thereof,  the  city  council  may  at  any  time  thereafter, 
by  an  order  to  be  entered  at  large  upon  the  journals  or  record  kept 
by  the  clerk,  direct  the  assessor  and  collector  to  sell  the  delinquent 
premises,  (describing  the  same  with  the  name  of  the  owner  thereof, 


148 


ORDINANOEa. 


if  known,  and  the  assessments  severally  due  thereon  and  purpose 
thereof  as  fully  as  set  forth  in  the  warrant,)  or  so  much  thereof  as 
may  he  necessary  for  the  payment  of  such  assessment  and  the  costs 
of  sale. 

Sec.  6.  The  city  clerk  shall,  without  delay,  after  the  passage 
of  the  order  of  sale,  make  out  a certified  copy  thereof  signed  by 
himself  and  the  mayor  under  the  corporate  seal  and  attach  to  the 
warrant,  and  deliver  the  same  to  the  assessor  and  collector.  The 
copy  of  the  order,  and  the  warrant  shall  constitute  the  process  up- 
on which  the  assessor  and  collector  shall  sell  the  delinquent  premi- 
ses described  therein,  and  they  may  he  sold  at  any  time  within  two 
years  after  the  approval  or  confirmation  of  such  assessment  by  the 
city  council. 

Sec.  7.  The  assessor  and  collector  shall  then  sell  the  delin- 
quent premises  or  so  much  thereof  as  may  be  necessary  to  pay 
such  assessment  and  the  costs  of  advertising  the  same  for  sale,  he 
first  giving  notice  of  the  time  and  place  of  sale,  by  publishing  an 
advertisement  at  least  four  times  in  the  newspaper  publishing  the 
ordinances  of  the  city,  the  first  publication  to  be  made  at  least 
thirty  days  before  such  sale,  describing  the  delinquint  lots  or  pre- 
mises by  figures  or  otherwise,  with  the  name  of  the  owner,  if  known, 
and  the  amount  of  the  assessments  severally  due  thereon,  as  fully 
as  set  forth  in  the  warrant,  and  stating  that  the  smallest  portion 
of  the  lot  or  premises  to  be  taken  from  the  east  side  thereof,  will 
be  sold  to  the  person  who  will  take  the  same  and  pay  the  assess- 
ment due  against  the  same  for  abating  nuisances  thereon  and  the 
costs  of  advertising  the  same  for  sale.  All  proceedings  may  be 
stopped  at  any  time  before  sale  by  payment  of  the  assessment  and 
the  costs  of  advertising. 

Sec.  8.  All  subsequent  proceedings  shall  be  the  same  in  all  re- 
spects whatever  as  in  cases  of  sales  for  general  taxes,  and  the 
duties  and  liabilities  of  the  assessor  and  collector,  the  city  clerk, 
the  city  council  and  purchasers,  shall  in  all  respects  whatever,  be 
the  same  as  is  prescribed  by  law  or  ordinance  in  sales  for  general 
taxes^ 

Passed  May  22,  1856. 


OFFICERS 


149 


CHAPTER  XXI. 

OFFICERS. 

An  Ordinance  in  relation  to  City  Officers. 

DIVISION  I. — OF  CITY  OFFICERS  IN  GENERAL. 

Section  1.  The  city  council  may  by  an  order  require  any 
city  officer  before  entering  upon  the  discharge  of  the  duties  of  his 
office,  to  execute  bond  to  the  city,  in  such  sum  as  may  be  named  in 
the  order,  and  with  such  sureties  as  they  may  approve.  But  no 
member  of  the  city  council,  or  officer  of  the  city,  shall  be  received 
as  a surety  on  the  official  bond  of  any  city  officer.  The  bond  of 
each  city  officer  shall  be  conditioned  “ that  he  will  faithfully  exe~ 
cute  the  duties  of  his  office,  and  account  for  and  pay  over  and  de- 
liver all  moneys  and  other  property  received  hy  him,  on  account 
the  city.'*  All  official  bonds  shall  be  drawn  up  by  the  city  attor- 
ney, or  submitted  to  him  after  being  drawn  up  for  his  approval  of 
the  form  thereof,  and  shall  then  be  submitted  to  the  city  council 
for  their  approval,  which,  when  given,  the  city  clerk  shall  certify 
thereon,  and  shall  file  and  preserve  the  same  in  his  office.  The 
city  council  may,  at  any  time,  require  a new  bond  to  be  executed 
by  any  city  officer,  if  from  any  cause  they  shall  deem  the  old  bond 
or  the  sureties  thereon  to  be  insufficient,  but  the  execution  of 
such  new  bond  shall  not  in  any  manner  affect  any  liability,  loss,  or 
damage  incurred  under  the  old  bond,  or  release  the  sureties  from 
any  liability  incurred  thereon.  All  bonds  and  contracts  shall 
be  written,  or  printed,  or  partly  both,  in  a plain  and  legible 
manner. 

Sec.  2.  When  any  city  officer  shall  have  qualified  as  required 
by  the  charter  and  ordinances  of  the  city,  the  city  clerk  shall  make 
out  and  deliver  to  him  a commission  under  the  corporate  seal, 
signed  by  the  mayor  or  presiding  officer  of  the  city  council,  and 
the  city  clerk.  The  commission  may  be  substantially  as  follows, 
to-wit : 


150 


ORDINANCES. 


A.  B.,  mayor  of  the  city  of  Springfield  : To  all  to  •whom  these 
presents  shall  come : Greeting  : Know  ye,  that  C.  D.  having  been 
duly  (elected  or  appointed,  as  the  case  may  be,)  and  qualified  to 

the  office  of of  the  city  of  Springfield  ; I,  A.  B.,  mayor  (or  act- 

, ing  mayor,  as  the  case  may  be,)  of  said  city,  for  and  in  behalf  of 

the  people  thereof;  do  hereby  commision  him , in  and  for  said 

city : to  have  and  possess  the  said  office,  with  all  the  rights,  pow- 
ers, and  emoluments  incident  thereto,  with  authority  to  execute  all 
the  duties  thereof  according  to  law,  until  his  successor  shall  be  duly 
chosen  and  qualified. 

In  testimony  whereof,  I have  hereunto  set  my 
hand  and  caused  the  corporate  seal  of  said  city  to 

be  affixed  this  day  of  , A.  D.,  one 

[seal.]  thousand  eight  hundred  and  fifty — , and  of  the 
Independence  of  the  United  States  the  eighty — 
year.  By  the  mayor, 

A.  B.,  Mayor. 

E.  F.,  City  Clerk. 


Sec.  3.  All  officers  collecting  or  receiving  any  moneys  on  ac- 
count of  the  city,  shall  pay  the  same  as  fast  as  collected,  into  the 
city  treasury,  in  the  same  kind  of  funds  as  received  by  them,  and 
shall,  on  the  first  Monday  of  each  month,  report  to  the  city  coun- 
cil an  accurate  statement  of  all  moneys  received  by  them  for  the 
preceding  month,  specifying  the  amount,  from  whom,  and  on  what 
account  received.  No  officer  shall  retain  any  moneys  collected  or 
received  by  him,  toward  the  payment  of  any  salary  or  fees  which 
may  be  coming  to  him  from  the  city,  but  shall  pay  the  same  into 
the  treasury.  Any  officer  violating  any  provision  of  this  section 
shall  be  subject  to  a penalty  of  not  less  than  ten  dollars. 

Sec.  4.  The  salaries  of  all  city  officers,  unless  otherwise  spe- 
cially provided,  shall  be  payable  monthly  on  the  first  Monday  of 
each  month  ; and  they  may  present  their  accounts  to  the  city  coun- 
cil or  city  clerk  for  adjustment  or  payment.  But  no  warrant  shall 
be  drawn  in  favor  of  any  officer  for  the  payment  of  his  salary,  un- 
til he  shall  have  filed  his  report  as  is  herein  required,  nor  shall  any 


OFFICERS, 


151 


warrant  in  any  case  be  drawn  in  favor  of  any  officer  who  shall  be 
in  default  or  arrears  with  the  city. 

Sec.  5.  The  records,  books,  and  papers  pertaining  to  any  city 
office,  shall,  at  all  reasonable  times,  be  subject  to  the  inspection 
and  examination  of  the  mayor,  the  city  council,  or  any  of  its  com- 
mittees, or  any  person  interested  in  the  same,  and  all  city  officers 
shall,  when  requested,  give  all  the  information  in  their  power  per- 
taining to  their  respective  offices,  to  the  city  council  or  any  of  its 
committees,  the  mayor,  the  board  of  school  inspectors,  or  any  other 
department  of  the  city  govertment. 

Sec.  6.  When  any  particular  officer  required  by  ordinince  to 
execute  any  particular  duty,  shall  be  absent  or  incompetent  or 
otherwise  unable  to  discharge  such  duty,  the  mayor  may  assign  the 
discharge  of  such  duty  to  some  other  officer,  and  such  officer  shall 
act  in  such  case  with  the  same  powers  and  authority  as  if  specially 
named  in  the  ordinance. 

Sec.  7.  If  any  city  officer  shall  remove  from  the  city,  or  absent 
himself  therefrom  for  three  months,  his  office  shall  thereby  be  va- 
cated. Any  officer  desiring  to  be  temporarily  absent,  shall  apply 
to  the  city  council  if  in  session,  or  if  not,  to  the  mayor  for  leave  of 
absence  ; which  may  be  granted  for  any  time  not  exceeding  one 
month,  by  the  mayor,  or  by  the  city  council  not  exceeding  three 
months.  Any  officer  who  shall  absent  himself  from  the  city  for 
more  than  one  week  without  such  leave  of  absence,  shall  be  subject 
to  a penalty  of  not  less  than  twenty  dollars  for  each  week  he  shall 
so  absent  himself. 

Sec.  8.  All  officers  shall  be  liable  to  the  city  for  all  loss  or 
damage  that  may  arise  from  their  negligence  or  willful  misconduct 
in  the  discharge  of  any  official  duty  ; and  the  city  council  may  in 
their  discretion  by  order,  withhold  the  salary  of  any  such  officer  in 
order  to  secure  the  city  from  loss.  And  if  any  officer  shall  fail, 
neglect,  or  refuse  to  discharge  or  perform  any  duty  required  of 
him,  the  city  council  may  employ  or  appoint  some  competent  per- 
son to  perform  such  duty,  and  the  costs  and  expenses  of  doing  the 
same  shall  be  charged  to  such  officer,  and  deducted  from  his  salary  ; 
or  if  his  salary  shall  be  insufficient  to  pay  the  same,  they  may  be 


152 


ORDINANCES. 


collected  from  him  and  recovered  by  suit  in  the  name  of  the  city 
before  any  court  having  jurisdiction. 

Sec.  9.  Whenever  it  shall  come  to  the  knowledge  of  the  mayor 
or  any  member  of  the  city  council,  that  any  city  officer  is  incom- 
petent, or  has  willfully  neglected  or  refused  to  discharge  any  of  the 
duties  of  his  office,  or  has  been  guilty  of  any  malfeasance,  misfeas- 
ance, or  other  improper  conduct  in  the  discharge  of  his  official  du- 
ties, he  shall  forthwith  prefer  charges  in  writing  against  such  offi- 
cer to  the  city  council,  specifying  the  nature  of  the  offense  or 
offenses  with  which  he  is  charged.  The  city  council  shall  immedi- 
ately thereupon  appoint  by  ballot  a committee  to  consist  of  three 
members,  to  examine  into  such  charges,  and  who,  if  upon  such  ex- 
amination they  shall  deem  them  well  founded,  shall  frame  such 
charges  with  such  additional  charges  as  they  may  find  probable 
cause  for  preferring,  with  specifications,  and  report^them  to  the 
city  council.  Whereupon  the  city  council  shall  set  a day  for  hear- 
ing and  determining  the  same  within  ten  days.  A copy  of  the 
charges  and  specifications  with  a notice  of  the  day  set  for  hearing 
the  same,  shall,  without  delay,  be  made  out  by  .the  city  clerk  anid 
delivered  to  the  accused.  Upon  the  day  appointed  the  city  coun- 
cil shall  proceed  to  hear  and  determine  concerning  such  charges, 
and  hear  and  examine  all  evidence  that  may  be  offered  on  both 
sides,  and  may,  if  necessary,  adjourn  from  day  to  day,  and  shall, 
upon  concluding  such  examination,  vote  by  ayes  and  nays  upon  the 
charges  whether  the  accused  is  guilty.  The  question  upon  each 
charge  shall  be  is  the  accused  guilty  and  if  two  thirds  of  all 
the  aldermen  required  by  law  to  be  elected,  shall  vote  that  he  is 
guilty  of  any  charge  preferred,  they  may  resolve  that  he  be  re- 
moved from  office ; and  shall  thereupon  proceed  to  fill  such  vacancy 
according  to  law.  The  proceedings  shall  be  entered^at  large  upon 
the  journals  by  the  city  clerk. 

Sec.  10.  The  accused  shall  be  heard,  if  he  shall  so  desire,  by 
himself  or  council  in  his  defense,  and  the  city  attorney,  if  required, 
shall  attend  and  prosecute  on  behalf  of  the  city.  But  no  excep- 
tions shall  be  taken  or  allowed  as  to  the  form  of  the  charges  or 


OFFICERS. 


153 


specifications  ; and  it  shall  be  sufl&cient  if  the  ofifense  charged  is 
clearly  and  substantially  set  forth. 

Sec.  11.  The  mayor  shall  issue  warrants  under  the  corporate 
seal,  for  all  witnesses,  or  the  production  of  all  papers  that  may  be 
required,  either  before  the  city  council,  or  before  the  special  com- 
mittee, and  deliver  the  same  to  the  city  marshal,  who  shall  serve 
the  same  by  reading,  or  by  delivery  of  a copy  thereof  to  the  per- 
son summoned,  and  shall  make  a return  in  what  manner  he  has 
executed  the  same.  And  any  person  who  shall  neglect  or  refuse 
to  appear  or  to  testify  when  so  required,  or  to  produce  any  papers 
which  he  may  have  in  his  possession  or  under  his  control  pertain- 
ing to  such  trial,  shall  be  subject  to  a penalty  of  not  less  than  fifty 
dollars,  and  may  be  compelled  to  appear  or  to  testify  in  any  other 
legal  manner.  When  any  witness  may  be  unable  to  attend  from 
sickness  or  other  cause,  or  is  beyond  the  jurisdiction  of  the  city 
council,  his  deposition,  taken  in  accordance  with  the  laws  of  the 
state,  may  be  read  in  evidence. 

Sec.  12.  When  any  charges  shall  be  preferred,  the  ofiicer 
shall  immediately  be  suspended  until  they  are  disposed  of,  and  the 
city  council  may  make  a temporary  appointment  to  fill  such  va- 
cancy. If  any  officer  shall  without  good  cause  neglect  to  appear 
at  the  time  appointed,  and  answer  the  charges  against  him,  his  of- 
fice shall  be  declared  vacant.  Any  officer  who  may  be  removed 
from  office,  shall  not  receive  any  salary  from  and  after  the  date 
charges  are  preferred  against  him. 

Sec.  15.  Any  city  officer,  authorized  or  required  by  the  city 
charter  to  be  appointed  by  the  city  council,  may  be  removed  from 
office  at  any  time  by  a vote  of  two  thirds  of  all  the  aldermen  re- 
quired by  law  to  be  elected.  But  the  city  council  may  at  its  option 
cause  charges  to  be  preferred  against  such  officer,  and  proceed  to 
hear  and  determine  the  same  in  the  same  manner  as  is  prescribed 
in  the  9th  Section  hereof. 

DIVISION  II. — SALARIES  AND  FEES. 

Section  1.  The  salaries  and  compensation  of  city  officers  shall 
be  as  follows,  to  wit : 

20 


154 


ORDINANCES. 


The  mayor  shall  receive  a salary  of  six  hundred  dollars  per  an- 
num. 

The  city  clerk  shall  receive  a salary  of  six  hundred  dollars  per 
annum. 

The  city  attorney  shall  receive  a salary  of  one  hundred  dollars 
per  annum. 

The  city  marshal  shall  receive  a salary  of  three  hundred  dollars 
per  annum.* 

The  city  supervisor  shall  receive  a salary  of  four  hundred  dollars 
per  annum.* 

The  city  surveyor  and  engineer  shall  receive  a salary  of  three 
hundred  dollars  per  annum,*  in  full  for  all  services  rendered 
the  city,  and  shall  employ  at  his  own  expense  all  necessary  assist- 
ants. 

The  city  weigher  shall  be  allowed  a salary  equal  to  one  half  of 
the  fees  received  by  him  for  weighing  on  the  city  scales. 

The  city  assessor  and  collector  shall  receive  four  per  cent,  of  all 
moneys  collected  by  him,  in  full  compensation  for  all  services  re- 
quired of  him,  but  his  commissions  and  compensation  shall  not  ex- 
ceed eight  hundred  dollars  per  annum. 

Police  constables  shall  each  receive  a salary  of  one  hundred  dol- 
lars ner  annum. 

A 

Sec.  2.  The  city  council  may  increase  or  diminish  the  salaries 
of  city  officers  at  any  time  in  their  discretion ; but  no  ordinance 
changing  the  salary  or  compensation  of  any  officer  shall  be  retro- 
active in  its  operation;  but  such  increase  or  diminution  of  salary, 
or  compensation,  shall  take  effect  from  the  first  Monday  of  the 
month  next  succeeding  after  the  passage  of  the  ordinance  changing 
such  salary  or  compensation. 

Sec.  3.  The  city  clerk  may  charge  and  receive  the  following 
fees,  to  wit : 

For  copies  or  exemplifications  of  any  records  of  his  office,  fifteen 
cents  for  each  one  hundred  words. 

For  certificate  of  authentication  under  the  corporate  seal,  fifty 
cents. 


♦ Amended,  see  Ordinance,  Post  III. 


OFFICERS. 


155 


For  any  official  certificate  without  the  corporate  seal  when  not 
required  for  public  use,  twenty-five  cents. 

For  administering  any  oath  and  attesting  the  same,  (when  not 
done  for  the  use  of  or  on  account  of  the  city,)  twenty-five  cents. 

For  cancelling  each  tax  or  other  certificate  of  sale,  fifteen 
cents. 

But  neither  he  nor  any  other  city  officer,  shall  in  any  case  be 
entitled  to  charge  any  fees  against  the  city,  for  any  services  per- 
formed for  the  use  of  the  city  in  the  discharge  of  his  official 
duties. 

Sec.  4.  All  city  officers  receiving  fees  as  part  of  their  compen- 
sation, shall  keep  an  accurate  account  thereof,  and  shall,  at  the  end 
of  each  year,  report  to  the  city  council  the  amount  of  fees  of  all 
kinds  received  by  them  during  the  preceding  year. 


DIVISION  III. — city  attorney. 

Section  1.  The  city  attorney  shall  he  licensed  to  practice  in 
the  courts  of  the  state,  and  shall  prosecute  or  defend  in  behalf  of 
the  city  in  all  cases  in  which  the  interests  of  the  city,  or  the  official 
acts  of  any  officer  or  agent  of  the  city  are  involved. 

He  shall,  when  required,  advise  the  city  council  or  any  of  its 
committees,  or  any  city  officer  in  relation  to  all  matters  of  law 
arising,  in  which  the  interests  of  the  city  are  in  question.  He 
shall  examine  all  assessment  and  tax  lists,  or  other  papers  in  rela- 
tion to  the  assessment  or  collection  of  taxes  or  assessments,  and 
approve  the  same,  or  draft  any  ordinance,  bond,  contract,  or  other 
instrument  of  writing  on  behalf  of  the  city,  or  examine  and  approve 
the  same  when  required  by  the  city  council  or  any  of  its  committees, 
or  the  mayor. 

When  his  written  opinion  shall  be  required  by  the  city  council 
or  the  mayor  on  any  question  of  interest  to  the  city,  he  shall  fur- 
nish it  and  keep  a record  thereof  in  a suitable  book. 

Sec.  2.  He  shall,  when  required,  prosecute  any  suit  brought 
in  the  name  of  the  city  before  any  police  or  other  magistrate  for 
the  recovery  of  any  penalty  or  otherwise. 


156 


ORDINANCES. 


He  shall  cause  execution  to  be  issued  upon  all  judgments  re- 
covered in  favor  of  the  citj,  and  attend  to  their  prompt  collection. 

He  shall  report  to  the  city  council  or  to  the  mayor  all  cases  in 
which  he  shall  deem  it  expedient  to  take  any  appeal  or  writ  of 
error  on  behalf  of  the  city,  and  the  city  council  may,  by  an  order 
or  resolution,  authorize  the  same  to  be  done,  and  the  mayor  shall 
enter  into  such  bond  or  other  obligation  on  the  part  of  the  city, 
under  the  corporate  seal,  and  with  such  sureties  as  may  be  neces- 
sary ; and  such  surities  shall  be  indemnified  by  the  city  from  all 
loss  or  damaore. 

o 

He  shall  prepare  and  file  all  necessary  papers  in  all  cases  in 
which  the  city  is  a party  or  interested.  The  city  clerk  shall  de- 
liver to  him  any  bond  or  other  paper  necessary  to  be  used  in  any 
suit  or  other  proceeding,  taking  his  receipt  for  the  same. 

Sec.  3.  He  shall  be  allowed  one  dollar  of  all  fines  and  penal- 
ties under  ten  dollars,  and  two  dollars  of  all  fines  or  penalties  ex- 
ceeding ten  dollars,  which  may  be  recovered  and  collected  in  cash, 
in  cases  which  he  shall  actually  prosecute.  He  shall  be  allowed 
five  dollars  of  each  judgment  under  one  hundred  dollars,  and  ten 
dollars  of  each  judgment  exceeding  one  hundred  dollars  in-favor  of 
the  city  obtained  in  courts  of  record,  and  collected  by  him. 

Sec.  4.  He  shall  report  to  the  city  council  without  delay  after 
the  adjournment  of  each  term  of  any  court  of  record,  and  at  such 
other  times  as  he  may  be  required,  the  state  or  disposition  of  all 
cases  of  the  city  pending  in  such  court.  He  shall  examine  all  fee 
bills  of  officers  of  courts  and  others,  and  certify  to  the  correctness 
of  the  same,  and  the  liability  of  the  city  therefor.  But  no  fee  bills 
for  costs  for  the  prosecution  of  any  citizen  of  the  city  for  any  crim- 
inal offense  in  the  circuit  court  of  Sangamon  county,  or  for  jail 
fees,  shall  be  certified  to  or  paid,  unless  the  offender  shall  have 
been  duly  convicted  and  such  costs  can  not  be  collected  from 
him.* 

Sec.  5.  The  city  attorney  may,  in  case  of  temporary  absence, 

* The  Provision  in  Section  4 of  Article  XIII,  of  the  City  Charter,  requiring  the  city  to 
pay  the  costs  in  the  circuit  court,  of  the  conviction  of  any  citizen  of  the  city  for  any  crim- 
inal offense,  and  the  jailor’s  and  prosecuting  attorney’s  fees,  is  repealed  by  Sec.  I of  Act  of 
February  16,  1857.  See  Charter  Amendments,  No.  3. 


OFFICERS 


15T 


or  otherwise  being  unable  to  attend  to  the  duties  of  bis  office, 
with  the  consent  of  the  mayor  and  at  bis  own  expense,  appoint 
some  competent  attorney  to  act  in  bis  place.  The  city  council 
may  authorize  the  retaining  of  assistant  counsel  when  deemed  ex- 
pedient. 

DIVISION  IV. — CITY  ENGINEER. 

Section  1.  The  city  engineer  or  surveyor  shall,  when  required 
by  the  mayor,  the  city  council,  or  any  of  its  committees,  make  out 
plans,  estimates  and  specifications  for  any  public  work  which  may 
be  ordered  or  proposed  by  the  city  council,  and  superintend  the 
construction  thereof. 

He  shall,  when  required  by  the  city  council,  make  surveys  of  tbe 
grades  or  boundaries  of  streets  or  alleys,  and  prepare  plats  or  pro- 
files thereof,  and  report  the  same  to  the  city  council,  and  no  such 
survey  of  any  grade  or  boundary  shall  be  established  and  valid, 
until  the  plat  or  profile  thereof  shall  be  reported  to  and  approved 
by  the  city  council. 

He  shall,  when  required,  receive,  inspect,  or  measure  any  lumber 
or  other  materials  to  be  used  for  any  public  work,  and  if  necessary 
shall  keep  an  accurate  account  in  a suitable  book,  of  the  quantity 
and  quality  of  the  same,  and  from  whom  received,  and  the  cost 
thereof,  and  also  for  what  purpose  used,  or  to  be  used,  and  to  whom 
delivered. 

He  shall  examine  all  accounts  for  materials  received  by  him 
on  account  of  the  city,  and  if  correct,  certify  the  same  to  the  city 
council. 

Sec.  2.  He  shall  preserve  in  his  office  all  records  and  plats 
of  surveys,  and  all  books,  papers,  and  writings  pertaining  to  his 
office. 

He  shall  make  out  and  keep  a diagram  or  plat  of  all  the  grades 
and  boundaries  of  streets  and  alleys  established  by  the  city  coun- 
cil, correcting  the  same  when  any  grade  shall  be  changed, » and 
adding  thereto  when  any  new  grade  or  boundary  shall  be  estab- 
lished ; and  he  shall  record  in  a suitable  book  the  profiles  and 
notes  of  all  surveys  of  grades  and  boundaries  established,  and  shall 


158 


ORDINANCES. 


preserve  the  original  papers  relating  thereto  ; and  shall  otherwise 
keep  a systematic  record  of  all  the  transactions  pertaining  to  his 
department. 

Sec.  3.  He  shall  make  all  surveys  in  the  city  that  he  may  be 
called  upon  to  make ; and  shall  employ  at  his  own  expense  the 
necessary  chainmen  and  other  assistants,  who  shall,  before  en- 
tering upon  their  duties,  be  sworn  before  him,  or  any  person 
authorized  to  administer  oaths,  measure  accurately  and  justly , 
and  to  perform  their  duties  to  the  best  of  their  knowledge  and 
ability.'' 

He  shall  acquaint  himself  with  the  original  surveys  of  the  town 
and  city,  and  shall,  as  far  as  is  practicable,  provide  himself  with 
copies  of  the  field  notes  of  the  original  surveys ; and  shall  make 
his  surveys  in  accordance  therewith ; and  he  shall  note  all  errors 
or  discrepancies  in  the  original  surveys,  or  re-surveys,  as  soon  as 
discovered. 

Sec.  4.  He  shall,  upon  finding  or  establishing  the  boundary  of 
any  lot  or  tract  surveyed,  plant  a substantial  stake  or  stone  at  each 
corner  thereof,  and  give  to  the  owner,  or  person  employing  him,  if 
required,  a certificate,  stating  the  date,  and,  as  far  as  practicable, 
the  metes  and  bounds  of  the  survey,  and  he  shall  record  all  such 
surveys  in  a suitable  book,  stating  the  date  of  the  survey,  for  whom 
made,  and  describing,  as  far  as  practicable,  the  metes  and  bounds 
thereof. 

Sec.  5.  He  shall  be  entitled  to  charge  and  receive  as  his  fees 
for  giving  the  line  of  or  for  surveying  any  single  lot  or  tract  the 
sum  of  two  dollars ; for  making  a plat  of  the  same,  including  the 
block  in  which  the  lot  or  part  of  lot  belongs,  one  dollar  ; for  sub- 
dividing any  lot,  block,  or  tract  so  surveyed,  for  each  subdivision 
less  than  ten,  including  the  necessary  plats  thereof,  fifty  cents  ; for 
each  subdivision  over  ten  and  less  than  twenty,  forty  cents ; for 
each  subdivision  over  twenty  and  under  forty,  thirty  cents  each ; 
for  each  subdivision  over  forty  and  under  one  hundred,  twenty-five 
cents  each,  and  for  each  subdivision  exceeding  one  hundred,  twenty 
cents  each. 

He  shall,  without  charge,  mark  the  grade  of  any  street  or  alley, 


OFFICERS. 


159 


where  the  same  is  established,  at  the  request  of  any  person  wishing 
to  make  any  erection  or  enclosure,  or  lay  any  sidewalk. 

Sec.  6.  The  city  clerk  shall  return  to  the  city  surveyor  and 
engineer  all  plats  and  other  papers  pertaining  to  his  depart- 
ment, as  soon  as  the  city  council  shall  have  no  further  use  there- 
for. 


DIVISION  V. — CITY  SUPERVISOR. 

Section  1.  The  city  supervisor  shall  superintend  all  improve- 
ments ordered  by  the  city  council  upon  the  streets  and  alleys,  and 
make  all  necessary  repairs  thereof.  But  no  improvement  or  repair, 
except  such  repairs  as  may  be  actually  necessary,  shall  be  made 
without  the  order  of  the  city  council ; and  he  shall,  without  delay, 
cause  all  breaks  in  any  planked  street  or  alley,  bridge,  culvert, 
apron,  or  street-crossing,  or  other  insecure  or  unsafe  place,  to  be 
repaired,  and  report  the  costs  thereof  to  the  city  council  for  allow- 
ance, and  when  the  probable  cost  of  any  such  repair  shall  exceed 
twenty-five  dollars,  the  same  shall  be  made  with  the  concurrence 
of  the  mayor,  or  of  the  committe  on  streets  and  alleys.  He  shall 
annually,  as  early  as  is  practicable  in  the  spring  of  the  year,  under 
the  direction  of  the  mayor,  or  the  committee  on  streets  and  alleys, 
cause  the  streets  and  alleys,  where  needed,  to  be  cleansed  and  the 
gutters  to  be  opened,  and  he  shall,  as  far  as  it  is  practicable,  keep 
them  in  that  condition  during  the  year.  He  shall,  from  time  to 
time,  examine  into  the  condition  of  the  streets  and  alleys,  bridges, 
culverts,  cross-walks,  and  sidewalks,  and  report  the  same  to  the  city 
council,  and  recommend  such  improvements  or  repairs  as  he  may 
deem  needed. 

Sec.  *2.  He  may,  by  authority  of  the  city  council,  when  the 
street  labor  shall  be  insufficient  for  repairing  the  streets,  employ 
such  laborers  and  carts  and  teams  as  may  be  deemed  necessary  by 
the  city  council,  and  at  such  price  as  may  be  fixed  by  them,  not 
exceeding  the  usual  rates  paid  by  others  for  similar  labor  and 
service. 

He  shall  oversee  and  direct  the  street  laborers  and  workmen 


160 


ORDINANCES. 


in  the  employ  of  the  city,  and  require  them  to  labor  faithfully,  and 
shall  keep  a correct  account  of  their  time  in  a suitable  book. 

He  may  procure  the  necessary  implements  for  performing 
street  Avork,  or  materials  for  bridges,  culverts,  or  crosswalks, 
but  he  shall  purchase  no  implements  or  materials  without  mak- 
ing his  written  requisition  to  the  mayor,  and  getting  his  order 
therefor. 

Sec.  3.  He  shall  keep  in  an  appropriate  book,  and  in  such 
manner  as  may  be  required  by  the  committee  on  finance,  a plain 
and  accurate  account  of  all  expenditures  made  under  his  supervi- 
sion, specifying  to  whom  made,  for  Avhat  purpose,  and  to  w^hat 
ward  chargeable. 

He  shall  keep  a correct  list  and  account  of  all  implements, 
materials  and  other  property  of  the  city  in  his  charge,  and  shall  be 
accountable  therefor ; and  shall  deliver  the  same  to  his  successor 
in  office,  taking  his  receipt  therefor,  Avhich  he  shall  file  Avith  the  city 
clerk,  who  shall  credit  him  Avith  the  same,  and  charge  his  successor 
therewith. 

When  he  shall  purchase  any  implements  on  account  of  the  city, 
he  shall  immediately  report  the  bill  thereof  to  the  city  clerk,  wdio 
shall  charge  him  with  the  same  at  cost.  He  shall  cause  all  imple- 
ments belonging  to  the  city  to  be  legibly  marked  or  branded  with 
the  letters  “ C.  S.” 

Sec.  4.  He  shall  examine  all  accounts  of  contractors  and  others 
for  work  pertaining  to  his  department,  or  for  implements  and  mate- 
rials furnished  therefor,  and  if  correct,  certify  the  same  to  the  city 
council. 

Sec.  5.  He  shall,  on  the  first  Monday  of  each  month,  report 
to  the  city  council  a statement  of  all  expenditures  under  his  super- 
vision for  the  preceding  month,  specifying  the  purpose  of  such 
expenditure  and  the  ward  in  Avhich  the  same  w^as  made,  and  if 
required,  the  person  to  Avhom  made.  No  account  presented  or 
certified  shall  be  allowed,  or  warrant  issued  thereon,  unless  it 
shall  be  so  rendered  as  to  show  to  what  account  and  ward  it  is 
chargeable. 

Sec.  6.  The  city  supervisor  shall  cause  all  ordinances  in  rela- 


OFFICERS. 


161 


tion  to  the  streets  and  alleys  and  sidewalks  to  be  enforced,  and 
shall  prosecute  all  violations  thereof.  He  shall  obey  all  such  or- 
ders, general  or  special,  as  he  may  receive  from  the  city  council, 
the  committee  on  streets  and  alleys,  or  the  mayor,  and  for  refusal 
or  willful  neglect  to  perform  any  duty  required  of  him  by  the 
charter  or  any  ordinance,  he  shall  be  subject  to  removal  from  of- 
fice. 

Sec.  7.  The  city  council  shall,  as  soon  as  practicable  after 
the  commencement  of  each  fiscal  year,  appropriate  from  the  gene- 
ral fund,  an  amount  to  be  expended  in  improving  and  repairing  the 
streets  and  alleys,  setting  apart  to  each  ward  a sum  equal  as  near 
as  may  be  to  the  proportion  of  general  taxes  paid  by  such  ward. 
Street  taxes  shall  be  exclusively  expended  in  the  wards  in  which 
the  persons  paying  the  same  reside. 

The  city  clerk  shall  credit  each  ward  with  the  amount  of  such 
appropriation  and  street  taxes  paid,  and  charge  it  with  the  amount 
of  all  warants  drawn  against  it. 

The  city  clerk  shall  immediately  notify  the  mayor  or  city  coun- 
cil when  any  such  appropriation  is  exhausted,  and  thereafter  no 
warrant  shall  be  drawn  against  the  same  until  the  further  order  of 
the  city  council ; and  no  new  contracts  shall  be  let  or  improvements 
ordered,  except  for  such  repairs  of  the  streets  and  alleys  as  may  be 
actually  necessary.* 

Sec.  8.  When  any  bridge,  crosswalk,  culvert,  or  other  street 
work  shall  be  ordered  by  the  city  council,  the  location  and  manner 
of  constructing  thereof  shall  be  designated  in  the  order. 

Crosswalks  shall  be  constructed  not  less  than  three  nor  exceed- 
ing six  feet  in  width,  and  shall  be  so  laid  as  not  materially  to  ob- 
struct the  road  way ; and  when  the  width  is  not  specified  in  the 
order,  shall  be  laid  to  the  width  of  three  feet.  They  shall  be  laid 
with  good,  not  less  than  two  inch,  white  or  bur-oak  plank,  well 
spiked  to  suitable  oak  bearings,  placed  not  exceeding  six  feet 


* An  action  for  damages  resulting  from  negligence  in  not  repairing  the  streets,  will  lie 
against  a municipal  corporation,  if  the  duty  to  make  repairs  is  fully  declared,  and  adequate 
means  are  put  within  the  power  of  the  corporation  to  perform  the  duty. — Browning  vs, 
Springfield,  17  Ills.,  143. 

21 


162 


ORDINANCES. 


apart.  Suitable  aprons  of  two  inch  plank  stall  be  laid  when  neces- 
sary of  the  width  of  the  crossing,  or  if  the  streets  are  planked,  to 
the  full  width  of  the  sidewalk. 

Culverts,  unless  otherwise  directed  in  the  order,  shall  be  con- 
structed of  at  least  two  inch  white  or  bur-oak  lumber,  well  spiked 
and  tied  to  a substantial  framework,  and  of  sufficient  size  and  ca- 
pacity to  admit  the  passage  and  carry  off  all  the  water  as  fast  as  it 
may  flow,  and  shall  be  covered  with  at  least  three  inch  good  oak 
plank. 


DIVISION  VI. — CITY  WEIGHER. 

Section  1.  There  shall  annually  be  appointed  a city  weigher, 
who  shall  hold  his  office  for  one  year,  and  until  the  qualification  of 
his  successor. 

He  shall  attend  at  the  public  scales  at  all  reasonable  hours  dur- 
ing the  day,  for  the  purpose  of  weighing  each  load  or  parcel  that 
may  be  presented  to  be  weighed.  He  shall  keep  an  appropriate 
book  in  which  he  shall  enter  the  kind,  and  weight  of  each  load  or 
parcel  weighed,  and  for  whom  and  the  date  when  weighed,  and 
shall  give  a certificate  thereof  to  the  person  applying  for  the  weigh- 
ing of  such  load  or  parcel,  which  certificate  shall  be  delivered  to 
the  purchaser  on  sale  or  delivery  of  the  load. 

Sec.  2.  Ko  person  shall  deliver,  or  sell,  or  offer  for  sale,  any 
load  of  hay  or  stone  coal,  without  the  same  being  first  weighed  by 
the  city  weigher  and  a certificate  thereof  given,  under  a penalty  cf 
not  less  than  five  dollars  in  each  case.  But  the  provisions  of  this 
section  shall  not  be  deemed  to  apply  to  any  stone  coal  sold  or  de- 
livered by  the  car  load  upon  any  railroad. 

Sec.  3.  The  city  weigher  may  charge  and  receive  ten  cents  for 
each  load  or  parcel  not  exceeding  five  thousand  pounds  weighed 
by  him,  and  twenty  cents  for  each  load  or  parcel  exceeding  five 
thousand  pounds  nett,  to  be  paid  by  the  person  applying  therefor. 

Sec.  4.  When  the  vehicle  and  load  shall  be  weighed  together, 
the  weigher’s  certificate  shall  state  the  gross  weight  thereof ; and 
upon  sale  or  delivery  of  the  load,  the  vehicle  shall  be  weighed  and 


OFFICERS. 


163 


the  nett  weis^ht  of  the  load  ascertained  ; and  he  shall  calculate  and 
enter  upon  the  certificate  the  quantity  of  bushels,  or  tons,  or  parts 
thereof,  in  the  load,  if  the  same  be  sold  or  delivered  by  the  bushel 
or  ton.  But  if  the  vehicle  shall  have  been  before  weighed,  and  the 
weight  thereof  ascertained,  it  shall  not  be  necessary  to  re-weigh  the 
same,  unless  required  by  the  purchaser  of  the  load,  and  no  charge 
shall  be  made  for  weighing  the  vehicle  in  order  to  ascertain  the 
nett  weight  of  the  load.  Whoever  shall  neglect  or  fail  to  have  his 
vehicle  weighed  after  sale  or  delivery  of  the  load  thereof  as  herein 
required,  shall  be  subject  to  a penalty  of  five  dollars. 

In  weighing  hay,  a deduction  of  two  hundred  pounds  shall  be 
made  for  the  pole  fastening  the  load,  until  it  shall  be  returned  and 
weighed ; and  in  weighing  stone  coal,  a suitable  deduction  shall  be 
made  for  slate,  coal  dust,  and  other  impurities,  and  in  all  cases 
due  allowance  shall  be  made  for  mud,  water,  or  other  impurities 
not  belonging  to  the  load.  A ton  of  hay  shall  be  computed  at  two 
thousand  pounds.  The  quantity  of  all  other  articles  shall  be  com- 
puted in  accordance  with  the  laws  of  the  state.* 

Sec.  5.  Whoever  shall  alter  any  certificate  of  the  weigher,  or 
shall  use  or  attempt  to  use  the  same,  for  any  other  load  or  parcel 
than  the  one  for  which  it  was  delivered,  or  shall  after  the  weighing 
and  before  the  sale  or  delivery  of  any  load  or  parcel  diminish  the 

The  hundred  weight  shall  consist  of  one  hundred  pounds — and  twenty  such  hundreds 
shall  constitute  a ton.  Rev.  Stat.,  1845,  Chap.  108,  Sec.  5. 

An  Act  to  amend  an  Act  concerning  Weights  and  Measures.  Approved  February  14, 
1855.  Laws  of  1855,  Page  176. 

Be  it  enacted  Vy  the  people  of  the  State  of  Illinois,  represented  in  the  General  Assembly  : 
That  whenever  any  of  the  following  articles  shall  be  contracted  for,  or  sold,  or  delivered, 
and  no  special  contract  or  agreement  shall  be  made  to  the  contrary,  the  weight  per  bushel 
shall  be  as  follows — to  wit:  Shelled  corn,  fifty-six  (56)  pounds;  corn  in  the  ear,  seventy 
(70)  pounds;  wheat,  sixty  (60)  pounds ; rye,  fifty-six  (56)  pounds;  oats,  thirty-two  (32) 
pounds;  barley,  forty-eight  (48)  pounds;  Irish  potatoes,  sixty  (60)  pounds;  sweet  pota- 
toes, fifty-five  (55)  pounds ; white  beans,  sixty  (60)  pounds ; castor  beans,  forty-six  (46) 
pounds;  clover  seed,  sixty  (60)  pounds  ; timothy  seed,  forty-five  (45)  pounds;  flax  seed, 
fifty-six  (56)  pounds;  hemp  seed,  forty-four  (44)  pounds;  blue  grass  seed,  fourteen  (14) 
pounds;  buck  wheat,  fifty-two  (52)  pounds;  dried  peaches,  thirty-three  (33)  pounds;  dried 
apples,  twenty-four  (24)  pounds;  onions,  fifty-seven  (57)  pounds;  salt,  fifty  (50)  pounds 
stone  coal,  eighty  (80)  pounds;  malt,  thirty-eight  (38)  pounds  ; bran,  twenty  (20)  pounds, 
turnips,  fifty-five  (55)  pounds  ; hair  for  plastering,  eight  (8)  pounds  ; unslacked  lime,  eighty 
(80)  pounds;  corn  meal,  forty-eight  (48)  pounds  ; fine  salt,  fifty-five  (55)  pounds. 


164  ordinancesT 

quantity  thereof,  or  shall  practice,  or  attempt  to  practice  any  other 
fraud  or  deceit  in  the  weighing,  sale,  or  delivery  of  any  load  or 
parcel,  shall  be  subject  to  a penalty  of  not  less  than  ten  dollars  in 
each  case ; and  the  weigher  shall  use  diligence  in  detecting  fraud 
or  deceit,  and  prosecute  the  person  guilty  of  the  same. 

Sec.  6.  The  weigher  shall  test  the  accuracy  of  his  scales 
monthly,  and  oftener  if  he  has  cause  to  think  them  inaccurate.  He 
shall  keep  them  in  good  order  and  cause  them  to  he  repaired  when 
needed ; but  no  expense  exceeding  five  dollars  shall  be  incurred 
without  the  consent  of  the  mayor. 

Sec.  7.  No  person  shall  be  appointed,  or  be  competent  as  city 
weigher,  who  shall  directly  or  indirectly  follow  the  business  of  buy- 
ing, selling,  or  delivering  hay  or  stone  coal. 

Sec.  8.  The  city  clerk  shall  procure  the  necessary  book  and 
printed  blank  certificates  for  the  use  of  the  weigher,  and  shall 
number  the  same,  and  deliver  them  to  him,  taking  his  receipt  for 
the  number  thereof,  and  charging  him  at  the  rate  of  ten  cents  for 
each  blank  certificate,  and  crediting  him  from  time  to  time  with  the 
treasurer’s  receipts,  filed  by  him,  and  other  proper  credits. 

The  weigher  shall,  on  the  first  Monday  of  each  month,  report  to 
the  city  council  the  number  of  certificates  issued,  and  the  amount 
received  for  weighing  during  the  preceding  month ; and  he  shall 
also  pay  such  amount  into  the  city  treasury. 

Sec.  9.  Any  city  weigher  who  shall  knowingly  give  any  false 
or  fraudulent  certificate  of  the  weight  or  quantity  of  any  load  or 
parcel  weighed  by  him,  shall  be  subject  to  a penalty  of  not  less  than 
ten  dollars,  and  may  be  removed  from  office. 

Passed  May  22d,  1856. 


An  Ordinance  relating  to  the  Compensation  of  Aldermen. 

II. 

Section  1.  That  there  shall  be  allowed  and  paid  to  each  aider- 
man  for  every  attendance  at  a regular  monthly  meeting  of  the  city 
council,  the  sum  of  two  dollars ; and  for  every  attendance  at  a 
called  or  special  meeting  the  sum  of  one  dollar. 


ORDINANCES. 


165 


Sec.  2.  The  amount  due  to  each  alderman  shall  be  ascertained 
and  paid  bj  the  city  clerk  monthly. 

Sec.  3.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage. 

Passed  April  13,  1857. 


An  Ordinance  relative  to  the  Salaries  of  certain  Officers. 

III. 

Section  1.  For  the  present  charter  year  the  salaries  of  the 
following  city  officers  shall  be  as  follows,  to  wit : 

The  city  marshal  shall  receive  a salary  at  the  rate  of  four  hun- 
dred dollars  per  annum. 

Thd  city  supervisor  shall  receive  a salary  at  the  rate  of  six  hun- 
dred dollars  per  annum. 

The  city  surveyor  and  engineer  shall  receive  a salary  at  the  rate 
of  six  hundred  dollars  per  annum. 

Passed  June  17,  1857. 


CHAPTER  XXII. 

ORDINANCES. 

An  Ordinance  in  relation  to  the  Ordinances  of  the  city,  and  their  construction  and  effect 

in  certain  cases. 

Section  1.  When  any  ordinance,  or  a part  of  any  ordinance, 
shall  be  repealed  or  modified  by  a subsequent  ordinance,  the  ordi- 
nance or  part  of  ordinance  thus  repealed  or  modified,  shall  continue 
in  force  until  the  due  publication  of  the  ordinance  repealing  or  mo- 
difying the  same,  when  such  publication  shall  be  necessary  to  give 
effect  to  such  ordinance,  unless  it  shall  be  therein  otherwise  ex- 
pressly provided. 

Sec.  2.  When  the  provisions  of  different  ordinances,  or  of  the 
different  chapters  of  any  ordinance,  conflict  with  or  contravene 


166 


ORDINANCES. 


each  other,  the  provisions  and  requirements  of  each  ordinance  or 
chapter  shall  prevail  as  to  all  subjects,  matters,  and  questions  aris- 
ing out  of,  or  embraced  within  the  subject  matter  thereof.  But  if 
different  or  conflicting  provisions  be  found  in  different  sections  of 
the  same  ordinance,  the  provisions  of  the  section  which  is  last  in 
numerical  order  shall  prevail,  unless  such  construction  would  be 
repugnant  to  or  inconsistent  with  the  meaning  of  such  ordinance  or 
chapter. 

Sec.  3.  The  word  Court”  when  used  in  any  ordinance  shall 
be  construed  to  mean  any  court  of  competent  jurisdiction,  whether 
police  magistrates’  courts,  justices  of  the  peace,  or  courts  of  re- 
cord. 

Sec.  4.  No  ordinance,  or  part  of  any  ordinance,  repealed  by 
another  ordinance,  shall  be  revived  by  the  repeal  of  the  repealing 
ordinance,  unless  it  shall  be  therein  otherwise  expressly  provided. 

Sec.  5.  When,  in  any  ordinance,  words  importing  the  singular 
number  are  used,  in  reference  to  any  person,  or  subject  matter, 
such  words  shall  be  deemed  to  extend  to  and  embrace  several  per- 
sons, matters,  or  subjects  ; and  words  used  collectively,  or  import- 
ing the  plural  number,  shall  be  deemed  to  extend  to  and  embrace 
any  singular  person,  matter,  or  subject,  as  well  as  to  several ; and 
when  any  person,  or  subject  matter,  shall  be  named,  referred  to, 
or  described  by  words  importing  the  masculine  gender,  or  by  gen- 
eral terms,  females  as  well  as  males  shall  be  deemed  included  in 
the  meaning  and  terms  thereof;  and  the  words  “person”  or 
“ PERSONS,”  or  words  importing  any  person  or  persons,  shall  be 
deemed  to  include  corporations  as  well  as  individuals. 

Sec.  6.  The  word  “ month,”  when  used  in  any  ordinance,  shall 
be  construed  to  mean  a calander  month,  and  the  word  “ oath,” 
shall  be  deemed  to  include  an  affirmation,  and  the  word  “ sworn” 
to  mean  sworn  or  affirmed. 

Sec.  7.  When  any  duty  shall  be  required  of,  or  power  vested 
in  the  mayor,  the  same  shall  be  deemed  to  extend  to  and  embrace, 
and  may  be  exercised  by  the  acting  mayor  also  ; and  when  any 
duty  shall  be  required  of,  or  power  vested  in  the  city  marshal, 
the  same  shall  be  deemed  to  extend  to  and  embrace,  and  may  be 


ORDINANCES. 


167 


exercised  by  police  constables,  unless  such  construction  would  be 
contrary  to  the  terms  of  the  ordinance,  or  in  derogation  of  the 
city  charter. 

Sec.  8.  The  rules  of  construction  herein  prescribed,  shall  apply 
in  all  cases,  unless  it  shall  be  otherwise  specially  provided  in  the 
ordinance,  or  unless  there  be  something  in  the  subject  matter,  or 
context  thereof,  repugnant  to  such  construction.  And  all  general 
terms,  provisions,  phrases,  or  expressions,  used  in  any  ordinance 
shall  be  liberally  construed,  in  order  that  the  true  meaning  and  in- 
tent of  the  city  council  may  be  carried  out. 

Sec.  9.  No  fine,  forfeiture,  penalty,  right,  action,  suit,  debt,  or 
other  liability  whatever,  created,  instituted,  incurred,  or  accrued 
by  or  under  any  ordinance  prior  to  its  repeal  or  modification,  shall 
be  released,  discharged,  annulled,  repealed,  or  in  anywise  affected 
by  the  passage  of  such  repealing  or  modifying  ordinance  ; but  the 
same  may  be  prosecuted,  recovered,  or  enjoyed,  or  any  suit  or 
other  proceeding  be  commenced  or  completed  thereon,  as  fully  and 
in  the  same  manner  in  all  respects  as  if  such  ordinance  or  part 
thereof  had  remained  in  full  force,  unless  it  shall  be  otherwise 
expressly  provided  in  the  ordinance  making  such  repeal  or  modifi- 
cation. 

Sec.  10.  When  any  fine  or  penalty  shall  be  imposed  by  differ- 
ent ordinances,  or  sections  or  clauses  of  different  ordinances,  for 
the  same  offense,  the  officer  or  person  prosecuting  may  choose  un- 
der which  ordinance  or  section  to  proceed,  and  a recovery  under 
the  same  shall  be  a bar  to  any  further  proceedings,  under  any 
other  provision,  for  the  same  offense. 

Sec.  11.  When  in  any  ordinance  any  act  shall  be  required  to 
be  done  within  a ^Treasonable  time,”  or  upon  a reasonable 
NOTICE,”  such  reasonable  time,  or  reasonable  notice,  shall  be 
deemed  to  mean  such  time  only  as  may  be  necessary  in  the  prompt 
execution  of  such  duty,  or  compliance  with  such  notice. 

Sec.  12.  All  ordinances  passed  by  the  city  council  shall  be 
enrolled  by  the  city  clerk  in  the  record  book  of  ordinances,  and 
shall  be  properly  indexed  by  their  titles  or  subjects,  and  he  shall, 
without  delay,  cause  any  ordinance  imposing  any  fine,  penalty,  for- 


168 


ORDINANCES. 


feiture,  or  imprisonment  for  a violation  of  its  provisions,  to  be  pub- 
lished for  three  days  in  the  newspaper  authorized  to  publish  the 
ordinances  of  the  city,  with  his  certificate  under  the  corporate  seal 
attached,  that  the  same  is  a true  and  authentic  copy  of  the  ori- 
ginal ordinance,  and  that  it  is  printed  and  published  by  authority 
of  the  city  council.”  He  shall  procure  the  affidavit  of  the  printer 
or  the  publisher  of  the  newspaper  publishing  the  ordinances  of  the 
city,  of  the  due  publication  of  such  ordinance,  and  attach  the  same 
to  the  original  ordinance ; or  he  may  write  and  attest  such  affida- 
vit, or  any  other  competent  proof  of  such  due  publication,  upon  the 
face  of  the  record  of  ordinances. 

Sec.  13.  The  city  clerk  shall  file  and  preserve  the  originals  of 
all  ordinances  in  his  office,  and  he  may  correct  any  errors  in  the 
numbering  of  any  chapter,  or  section  of  any  ordinance,  and  insert 
the  proper  numbers ; and  he  may  omit  words  inserted,  or  supply, 
with  brackets,  words  omitted  by  clerical  mistake.  He  shall  attend 
to  the  printing  of  all  ordinances  requiring  publication,  or  ordered 
to  be  published,  and  read  the  proof  sheets  thereof,  and  see  that 
they  are  correctly  and  properly  printed  and  published. 

Sec.  14.  All  ordinances  passed  by  the  city  council,  and  requir- 
ing publication,  shall  be  in  force  from  and  after  the  due  publication 
thereof,  unless  it  shall  be  therein  otherwise  expressly  provided. 
All  ordinances  not  requiring  publication,  shall  take  effect  and  be  in 
force  from  and  after  their  passage,  unless  it  shall  be  therein  other- 
wise expressly  provided. 

Passed  May  22,  1856. 


PAUPERS. 


169 


CHAPTER  XXIII. 

PAUPERS. 

An  Ordinance  in  relation  to  Paupers. 

Section  1.*  Any  poor  person  who  shall  have  actually  resided 
in  the  city  for  thirty  days  immediately  preceding  his  or  her  appli- 
cation, and  who  may  be  unable  to  maintain  himself  or  herself  in 
consequence  of  any  bodily  infirmity,  idiotcy,  lunacy,  or  other  un- 
avoidable cause,  and  shall  have  no  relations  required  by  law  to  sup- 
port him  or  her,  shall  be  provided  for  at  the  expense  of  the  city, 
and  shall  receive  such  necessary  support  or  allowance  as  the  city 
council  may  prescribe. 

Sec.  2.*  The  relations  of  such  poor  person,  if  any,  or  if  of  suf- 
ficient ability,  shall  be  called  upon  and  notified  by  the  mayor  or 
other  proper  officer,  to  support  him  or  her,  in  the  following  order, 
to  wit : 1st  children  ; 2d  parents ; 3d  brothers  or  sisters ; 4th 
grand  children  ; 5th  grand  parents.  But  if  the  person  became  a 
pauper  from  intemperance  or  other  bad  conduct,  he  shall  not  be 
entitled  to  receive  support  from  any  relative  except  parent  or 
child. 

Any  relation  of  such  poor  person  of  sufficient  ability,  who  shall, 
when  so  notified  or  required  by  the  mayor  or  other  proper  officer, 
neglect  or  refuse  to  provide  for  the  support  of  such  poor  person, 
shall  be  subject  to  a penalty  of  not  less  than  two,  and  not  exceed- 
ing five  dollars,  for  each  week  he  shall  so  neglect  or  refuse  to  pro- 
vide for  his  or  her  support.  But  no  suit  shall  be  brought  against 
any  married  woman  for  any  penalty  incurred  under  this  section 
during  the  lifetime  of  her  husband. 

Sec.  3.*  The  mayor,  shall,  ex-officio,  be  overseer  of  the  poor, 
and  shall  provide  temporarily  for  the  support  of  such  persons  ap- 
plying therefor  as  may  be  legally  entitled  to  relief ; and  he  shall 
report  to  the  regular  monthly  meetings  of  the  city  council,  a list  of 

* Repealed,  see  Ordinance,  Post  II.  The  provision  in  Sec.  4,  Art.  XIII  of  the  City 
Charter,  requiring  the  city  council  to  provide  for  the  support  of  paupers  belonging  to  the 
city,  is  repealed  by  Sec.  1,  of  Act  of  February  16, 1857.  See  Charter  Amendments,  No.  Ill 
22 


170 


ORDINANCES 


all  paupers  received  and  discharged  during  the  preceding  month, 
with  the  age,  sex,  and  infirmities  of  each  ; and  the  city  council 
shall,  if  necessary,  make  provision  for  the  further  support  of  such 
paupers,  and  shall  appropriate  to  the  pauper  fund  such  sum  as  may 
he  deemed  sufficient  to  meet  the  pauper  expenses  for  the  succeed- 
ing month ; and  the  mayor  may  cause  a warrant  to  he  drawn  on 
such  fund  for  the  temporary  support  of  any  pauper  chargeable  to 
the  city,  specifying  the  purpose  for  which  it  is  drawU» 

Sec.  4.*  Before  any  person  applying  to  the  mayor  for  relief  or 
support  shall  be  entitled  thereto  or  chargeable  to  the  city,  he  or 
she  or  some  credible  person  for  him  or  her,  shall  make  affidavit  to 
the  satisfaction  of  the  mayor,  that  he  or  she  has  actually  resided  in 
the  city  for  thirty  days  immediately  preceding  his  or  her  applica- 
tion, that  he  or  she  is  poor  without  means  of  maintainance  and  un- 
able to  obtain  a livelihood  from  bodily  infirmity  or  other  cause, 
stating  the  cause,  and  has  no  relation  required  by  law  of  sufficient 
ability  who  will  support  him  or  her.  The  mayor  shall  provide  for 
the  support  of  such  poor  persons  as  may  he  entitled  to  relief  from 
the  city,  by  sending  them  to  the  poor  house  or  to  such  other  place 
as  may  be  provided  for  the  poor  of  the  city  by  the  city  council ; or 
to  such  place  as  he  may  provide  ; or  he  may,  in  his  discretion,  grant 
a reasonable  allowance  towards  their  temporary  support. 

Sec.  5.*  No  person  shall  be  aided  or  supported  by  the  city 
when  the  city  physician  shall  he  of  the  opinion  or  the  mayor  shall 
be  satisfied  that  such  person  is  able  to  provide  for  his  or  her  own 
maintainance  or  support ; and  whenever  any  person  who  may  have 
been  supported  or  aided  by  the  city  shall  afterwards  become  able 
to  pay  for  the  same,  he  or  she  shall  refund  the  amount  so  expend- 
ed for  his  or  her  support ; and  upon  neglect  or  refusal  to  pay  the 
same  after  demand  made,  shall  be  sued  therefor  in  the  name  of  the 
city.  And  if  any  such  person  so  having  received  aid  or  support 
from  the  city  shall  die  leaving  an  estate,  the  city  clerk  shall  make 
out  an  accurate  account  for  the  amount  so  expended  in  his  aid  or 
support,  and  file  the  same  in  the  county  court  of  the  proper  county 
for  allowance  against  his  estate. 


* Repealed,  see  Ordinance,  Post  II. 


PAUPERS. 


m 


Sec.  6.*  When  any  resident  of  the  city  not  being  a pauper, 
shall  be  sick  in  the  city,  and  without  means  to  pay  for  his  board, 
nursing,  or  medical  attendance,  the  mayor  may,  upon  application 
and  satisfactory  proof,  provide  Tyhatever  may  be  actually  and 
reasonably  necessary  for  such  person,  and  if  he  should  die,  then  he 
shall  cause  him  to  be  decently  interred;  and  all  expenses  incurred 
under  this  section  shall  be  reported  to  the  regular  monthly  meetings 
of  the  city  council  for  approval. 

Sec.  7.*  When  any  resident  of  the  city  shall  be  unable,  from 
any  bodily  infirmity  entirely  to  maintain  himself  or  herself,  and 
shall  have  no  relation  of  sufficient  ability  required  by  law  to  sup- 
port him  or  her,  the  city  council  may  in  their  discretion,  from  time 
to  time,  grant  such  allowance  to  such  person  as  may  be  deemed 
necessary  to  aid  him  and  prevent  his  becoming  chargeable  to  the 
city  as  a pauper. 

Sec.  8.*  If  any  pauper  not  belonging  to  the  city  shall  be  pro- 
vided for  at  the  expense  of  the  city,  in  order  to  prevent  his  suffer- 
ing for  the  necessaries  of  life,  or  through  neglect  or  refusal  of  the 
county  or  city  to  which  he  belongs  or  is  chargeable,  after  due  no- 
tice to  provide  for  his  support,  the  expenses  so  incurred  shall  be 
charged  to  the  county  or  city  chargeable  with  such  pauper,  and 
shall  be  collected  of  such  county  or  city  by  suit  in  the  name  of  the 
city,  upon  neglect  or  refusal  to  pay  the  same  when  required. 

Sec.  9.*  The  city  shall  not  in  any  case  (except  in  case  of  ur- 
gent necessity,  or  where  the  proper  authority  of  the  city  shall  ne- 
glect or  refuse  after  due  notice,  to  provide  for  the  necessary  sup- 
port of  any  pauper  legally  chargeable  to  the  city,)  be  liable  for 
any  charges  or  expenses  incurred  on  account  of  any  pauper  or 
other  poor  person,  unless  the  same  shall  have  been  incurred,  by 
contract  with  or  under  the  direction  of  the  city  council  or  of  the 
mayor. 

Sec.  10.*  When  any  minor  in  the  city  shall  habitually  beg  for 
alms,  or  shall  become  chargeable  or  be  likely  to  become  chargeable 
to  the  city  by  reason  of  being  an  orphan  without  means  of  support, 
or  by  reason  of  the  inability,  neglect,  or  refusal  of  the  parent  or 


* Repealed,  see  Ordinance,  Post  II. 


172 


ORDINANCES. 


parents  of  such  minor  to  maintain  or  support  him  or  her,  such  mi- 
nor may  be  hound  by  the  mayor  or  any  two  aldermen  as  an  appren- 
tice, clerk,  or  servant,  by  indentures  or  covenants  of  service  in  the 
manner  provided  by  law,  until  the  age  of  eighteen  if  a female,  and 
until  the  age  of  twenty-one  if  a male.  But  no  female  above  the 
age  of  fifteen  years  shall  be  bound,  and  no  minor  shall  be  bound 
but  to  a humane,  temperate,  and  responsible  person  ; and  a copy  of 
the  indentures  shall  be  filed  in  the  ofiice  of  the  clerk  of  the  county 
court  of  Sangamon  county,  and  in  the  office  of  the  city  clerk. 

Sec.  11.  Whoever  shall  knowingly  bring,  send,  or  leave  any 
pauper  not  belonging  to  the  city  into  the  city,  or  shall  aid  or  abet 
the  same,  or  shall  in  any  manner  supply  with  means,  or  aid  any 
such  pauper  or  person  likely  to  become  a pauper,  to  come  into  or 
remain  in  the  city  in  order  that  he  or  she  may  become  chargeable 
to  the  city,  shall,  in  each  case,  be  subject  to  a penalty  of  not  less 
than  fifty  dollars. 

Sec.  12.*  All  persons  receiving  support  or  assistance  from  the 
city  shall  labor  as  much  as  is  consistent  with  their  health  and 
strength,  and  shall  at  all  times  observe  and  obey  the  lawful  and 
reasonable  directions  of  the  person  having  them  in  charge.  They 
shall  remain  at  the  place  provided  for  them  and  shall  not  leave  the 
same  (unless  for  good  cause  with  the  consent  of  the  mayor),  with- 
out the  consent  of  the  person  having  them  in  charge.  If  any  per- 
son asking  assistance  or  receiving  support  from  the  city,  shall  re- 
fuse to  go  to,  or  to  remain  at  the  poor  house  or  other  place  provided 
for  him,  he  shall  not  receive  any  assistance  or  support  from  the 
city  so  long  as  he  shall  refuse  to  go  to  or  remain  at  such  place,  or 
shall  refuse  to  obey  the  lawful  directions  of  the  person  having  him 
in  charge. 

Sec.  13.*  The  mayor  may  take  such  measures  as  may  be 
deemed  necessary  to  prevent  the  introduction  of  paupers  into  the 
city,  and  for  the  removal  of  paupers  or  persons  likely  to  become 
paupers  not  belonging  to  the  city ; and  he  may  expend  such 
amount  as  may  be  necessary  to  accomplish  this  object  in  an 


* Repealed,  see  Ordinance,  Post  II. 


PAUPERS. 


173 


economical  manner,  and  report  the  same  to  the  city  council  for  al- 
lowance. 


IDIOTS  AND  INSANE  PERSONS. 

Sec.  14.  If  any  idiot  or  lunatic  he  found  in  the  city  unprotec- 
ed  by  guardian,  friend,  or  relation,  the  mayor,  if  such  person  be- 
longs to  the  city,  shall  immediately  provide  for  his  support,  care, 
and  comfort,  at  the  expense  of  the  city ; but  if  such  person  shall 
not  be  chargeable  to  the  city,  he  shall  forthwith  notify,  in  writing, 
the  person  or  the  proper  officer  of  the  county  chargeable  with  him 
that  he  is  unprovided  for,  and  request  such  officer  or  person  to  take 
charge  of  and  provide  for  such  idiot  or  lunatic. 

Sec.  15.  When  any  lunatic  found  at  large  or  unprotected, 
shall  be  so  disordered  in  mind  or  furiously  mad  as  to  endanger  the 
person  or  property  of  others,  or  his  own  person  or  property,  the 
marshal  or  any  other  officer  shall  immediately  take  and  confine 
him  in  some  suitable  place  until  proper  provision  can  be  made  for 
him,  and  shall  forthwith  notify  the  proper  officer,  court,  or  person 
thereof,  and  all  necessary  expenses  incurred  thereby  shall  be  col- 
lected of  the  officer  or  person  legally  liable  therefor. 

Passed  May  22,  1856. 


An  Ordinance  amendatory  of  an  Ordinance  entitled  “An  Ordinance  in  relation  to  Paupers.” 

II. 

Section  1.  That  an  ordinance  entitled  an  ordinance  in  rela- 
tion to  paupers,”  passed  May  22d,  1856,  except  the  eleventh, 
fourteenth,  and  fifteenth  sections  thereof,  be  and  the  same  is 
hereby  repealed. 

Passed  September  17,  1857. 


174 


ORDINANCES. 


CHAPTER  XXIV. 

POLICE  DEPARTMENT. 

An  Ordinance  organizing  and  establishing  the  Police  Department. 

Section  1.  The  police  department  of  the  city  shall  consist  of 
the  mayor,  the  aldermen,  and  police  magistrates — who  shall,  ex- 
officio,  be  members  of  the  police  department — the  city  marshal  and 
such  police  constables  and  watchmen  as  may  be  appointed  by  the 
city  council. 

Sec.  2.  The  city  council  may  annually,  at  the  time  of  appoint- 
ing the  other  city  officers,  appoint  by  ballot  one  or  more  police  con- 
stables, not  to  exceed  one  for  each  ward,  who  shall,  unless  it  may 
be  otherwise  specially  provided,  possess  the  same  powers,  perform 
the  same  duties,  and  be  subject  to  the  same  liabdities  as  the  city 
marshal. 

Sec.  3.  The  city  council  may,  when  deemed  expedient,  appoint 
by  ballot  a competent  number  of  watchmen  to  continue  in  office 
during  the  pleasure  of  the  city  council,  and  to  be  subject  to  re- 
moval at  any  time  by  the  mayor,  for  good  cause.  The  watchmen 
shall  have  and  exercise  all  the  powers,  perform  all  the  duties,  and 
be  subject  to  all  the  liabilities  incident  to  the  office  by  law,  or  such 
as  may  be  prescribed  by  ordinance. 

Sec.  4.  Each  police  constable  or  watchman  shall,  before  enter- 
ing upon  the  discharge  of  the  duties  of  his  office,  take  and  sub- 
scribe the  oath  required  by  the  city  charter  of  other  city  officers, 
and  may  be  required  by  the  city  council  to  execute  bond  to  the 
city,  conditioned  as  in  the  case  of  other  city  officers,  and  in  such 
sum,  and  with  such  sureties  as  they  may  prescribe  by  order  or  re- 
solution. The  bond  and  oath  of  office  shall  be  filed  in  the  office 
of  the  city  clerk.  Watchmen  and  police  constables  shall  re- 
ceive such  salary  or  compensation  as  may  be  provided  by  the  city 
council. 

Sec.  5.  The  mayor  shall  exercise  a general  supervision  and  con- 
trol over  the  police  department,  and  shall  see  that  the  various  police 
officers  are  prompt  and  efficient  in  the  discharge  of  their  duties  ; 


POLICE  constables. 


175 


and  he  shall  from  time  to  time  take  such  measures  for  the  preser- 
vation of  the  public  peace  and  good  order,  and  for  the  prompt  and 
efficient  execution  of  the  laws  of  the  state,  and  the  ordinances  of 
the  city,  as  may  be  deemed  most  expedient  and  best  to  accomplish 
the  purpose  contemplated. 

Sec.  6.  The  city  marshal  shall  be  the  chief  of  police,  and  all 
police  constables  and  watchmen,  except  when  otherwise  provided 
by  ordinance,  shall  be  subject  to  his  direction  and  control. 

The  marshal  and  each  police  constable  shall  have  an  office  or 
station  in  some  convenient  or  central  location,  where  he  shall  attend 
at  all  reasonable  hours  except  when  absent  on  duty ; and  all  police 
officers  shall  render  prompt  and  efficient  aid  to  each  other  in  the 
discharge  of  their  duties. 

Sec.  7.  All  members  of  the  police  department  shall  cause  all 
the  ordinances  of  the  city  to  be  observed  and  enforced,  especially 
within  their  respective  wards  or  districts.  When  any  violation  of 
law,  or  of  any  ordinance,  shall  come  to  the  knowledge  of  any  mem- 
ber of  the  police  department,  or  be  reported  to  him,  he  shall  with- 
out delay  cause  the  proper  complaint  to  be  made  before  a police 
magistrate  or  other  competent  court,  and  the  proper  witnesses  to 
be  summoned  or  evidence  procured  for  the  successful  prosecution 
of  the  offender.  The  mayor  or  any  alderman  or  police  magistrate 
may,  and  all  other  police  officers  shall  arrest,  with  or  without  pro- 
cess, any  person  who  shall  be  found  in  the  act  of  violating  any  or- 
dinance of  the  city,  and  commit  him  for  examination,  and  if  neces- 
sary detain  him  in  custody  over  night,  or  over  Sunday,  or  place 
him  in  the  county  jail,  city  prison,  or  other  secure  place,  until 
he  can  be  brought  before  a police  magistrate,  or  other  competent 
court.* 

* The  city  marshal  of  the  city  of  Springfield  has  power  to  arrest  without  warrant  any 
offender  for  any  violation  of  any  penal  ordinance,  committed  in  his  presence.  Bryan  vs. 
Bates,  15  Ills.  Rep.  87.  Main  vs.  McCarty.  15  Ills.  Rep.  441. 

An  arrest  may  be  made  for  violating  a city  ordinance  by  keeping  open  a tippling  house 
on  the  Sabbath.  Main  vs.  McCarty,  15  Ills.  Rep.  441. 

An  arrest  for  a breach  of  the  peace  need  not  be  made  immediately,  and  may  be  made  af- 
ter peace  is  restored  and  the  affray  over,  or  upon  the  information  of  an  officer  who  was  pre- 
sent witnessing  it,  after  the  affray  is  over.  Same  case. 

A city  ordinance  authorising  an  arrest  without  warrant  for  breaches  of  the  peace  or 
threats  of  breaches  is  legal.  Same  case. 


176 


ORDINANCES. 


Sec.  8.  Any  police  officer  shall  have  power  upon  reasonable 
ground  of  suspicion,  to  enter  peaceably,  or  if  refused  or  resisted 
after  demand  made,  by  force,  any  house  or  other  premises  in  which 
any  person  may  be  suspected  to  be  for  unlawful  purposes,  and  may 
arrest  without  process  any  person  who  may  be  found  therein,  guilty 
or  reasonably  supposed  to  be  guilty  of  any  criminal  act,  and  detain 
him  in  custody  as  in  other  cases  until  he  can  be  brought  before  a 
competent  court  or  magistrate. 

Sec.  9.  Police  constables  shall  have  power  and  authority  to 
serve  and  execute  all  process  for  the  apprehension  or  commitment 
of  all  persons  charged  with  the  violation  of  any  ordinance  of  the 
city,  and  in  all  other  cases  arising  under  the  charter  or  ordinances 
of  the  city,  in  the  same  manner  and  with  the  same  powers  as  the 
city  marshal,  and  shall  be  entitled  to  receive  the  same  fees  as  are 
received  by  him  in  simiJar  cases. 

Sec.  10.  The  city  supervisor  shall  have  power  to  arrest  without 
process  in  the  same  manner  as  police  officers,  all  persons  who  may 
be  found  violating  any  ordinance  in  relation  to  the  streets,  alleys, 
or  side  walks. 

Sec.  11.  Whenever  the  mayor  and  the  committee  on  police 
shall  deem  it  necessary  to  establish  a temporary  night  watch,  or 
temporarily  to  increase  the  number  of  watchmen  or  police  consta- 
bles, they  may  appoint  in  writing  under  the  corporate  seal  and  the 
signature  of  the  mayor,  a suitable  number  of  reputable  and  discreet 
citizens  of  the  city  as  temporary  watchmen  or  policemen,  whose 
powers,  duties,  and  liabilities  shall  be  the  same  as  other  watchmen 
and  police  constables,  and  who  shall  take  and  subscribe  the  same 
oath,  and  may  be  required  to  execute  bond  to  the  city  in  like  man- 
ner. The  mayor  shall  report  all  such  temporary  appointments  to 
the  next  meeting  of  the  city  council,  and  the  city  council  may  con- 
tinue or  discontinue  the  same  in  its  discretion  ; and  the  persons  so 
appointed  shall  receive  such  reasonable  compensation  as  may  be 
agreed  upon,  or  as  may  be  provided  by  the  city  council. 

Sec.  12.  The  mayor  may,  when  deemed  necessary,  detail  the 
marshal  or  any  police  constable  or  watchman  for  the  discharge  of 


POLICE  DEPARTMENT. 


177 


any  special  police  duty,  and  may  require  all  police  officers  to  per- 
form police  duty  at  any  time  of  the  day  or  night. 

Sec.  13.  The  city  marshal,  subject  to  the  approval  of  the  city 
council,  may  make  and  establish  such  reasonable  rules  and  regula- 
tions as  may  be  deemed  necessary  for  the  eff.cient  management  of 
the  police  department,  and  he  shall  keep  such  records,  books,  and 
accounts  pertaining  to  the  duties  of  his  office,  and  in  such  manner, 
as  may  be  required  by  the  city  council,  or  the  police  or  finance 
committees. 


DIVISION  II. — POLICE  Magistrates. 

Sec.  14.  All  suits  or  actions  for  the  recovery  of  any  fine,  pen* 
alty,  or  forfeiture,  arising  under  the  city  charter  or  the  ordinances 
of  the  city,  where  the  amount  sued  for  or  in  controversy  does  not 
exceed  one  hundred  dollars,  may  be  brought  before  any  police  ma- 
gistrate of  the  city,  or  before  any  justice  of  the  peace  in  the  city 
designated  by  the  city  council. 

Sec.  15.  Before  any  suit  shall  be  brought  in  the  name  of  the 
city  by  any  police  magistrate,  or  justice  of  the  peace,  for  any  fine 
or  penalty,  the  city  attorney  or  other  officer  or  person  prosecu- 
ting, shall  file  a statement,  signed  by  him,  substantially  as  follows, 
to  wit : 

A.  B.  To  the  city  of  Springfield,  Dr. 

To dollars  for  a violation  of  the section  (or  sections) 

(of  the division,  or  article,  as  the  case  may  be,)  of  an  ordi- 

nance of  the  city  of  Springfield,  entitled  (here  set  forth  the  title  of 

the  ordinance)  passed  on  the day  of 185 — (or  of  the 

city  charter  as  the  case  may  be),  in  this,  to  wit : that  the  said  A. 

B.,  on  or  about  the day  of A.  D.  185 — , before  the 

commencement  of  this  suit,  did  at  the  city  of  Springfield,  (or  within 
the  jurisdiction  of  said  city,)  (here  state  the  particular  violation  or 
violations  complained  of  as  near  as  may  be  in  the  language  of  the 
ordinance,  or  of  the  city  charter.) 


23 


Signed, 


C.  D. 


178 


ORDINANCES. 


Sec.  16.  Upon  affidavit  being  made  by  any  person,  of  tbe  viola- 
tion of  any  ordinance  by  any  other  person,  stating  the  nature  of  the 
violation,  and  that  the  offender  is  a non-resident  of  the  city,  or  is 
about  to  leave  or  remove  from  the  city,  or  that  there  is  otherwise 
danger  that  the  debt  or  penalty  will  be  lost  to  the  city,  unless  the 
offender  be  arrested  and  held  to  bail,  stating  the  cause  of  such  dan- 
ger to  the  satisfaction  of  the  court, — or  if  it  shall  appear  from  the 
affidavit  that  the  offense  committed  is  an  assault,  breach  of  the 
peace,  or  other  offense  in  which  a warrant  is  authorized  to  be  is- 
sued by  the  laws  of  the  state,  a warrant  may  be  issued  for  the  ar- 
rest of  the  person  accused  as  in  other  cases.* 

Sec.  17.  No  process  shall  be  necessary  where  the  person  is  le- 
gally arrested  without  warrant  and  brought  before  the  court ; but 
the  officer  making  the  arrest  shall,  unless  waived  by  the  person 
arrested,  return  a written  statement  of  the  cause,  time,  and  place 
of  arrest,  and  a note  thereof  shall  be  entered  upon  the  docket  of 
the  court.  But  in  all  cases  the  statement  required  by  the  fifteenth 
section  hereof,  shall  be  made  out,  signed,  and  filed  as  is  therein 
prescribed. 

Sec.  18.  Any  person  who  may  be  arrested  by,  or  in  the  cus- 
tody of  any  officer,  for  the  violation  of  any  ordinance  of  the  city, 
may  release  himself  from  custody  or  imprisonment,  by  entering  into 
bail  or  recognizance  before  such  officer,  or  before  any  police  magis- 
trate, in  such  amount  or  with  such  surety  or  sureties  as  may  be  re- 
quired of  him,  and  conditioned  that  he  will  appear  before  the  police 
magistrate,  or  court  named  therein,  at  the  time  named  therein,  and 
remain  and  answer  the  offense  with  which  he  stands  charged,  and 
await  his  trial  thereon,  and  not  depart  the  court  without  leave. 
The  amount  of  the  penalty  of  the  bond  or  recognizance  shall  be 
proportioned  to  the  offense  charged,  and  such  bond  or  recogni- 
zance shall  be  filed  with  the  magistrate  or  court  named  therein,  by 
the  officer  taking  the  same  ; and  if  the  offender  shall  fail  to  appear, 
or  shall  otherwise  fail  to  comply  with  the  conditions  thereof,  the 
same  shall  be  adjudged  forfeited,  and  suit  shall  forthwith  be  brought 
thereon  against  the  offender  and  his  surety  or  sureties,  for  the  full 


* See  secs.  22  and  95,  Chap.  59,  Rev.  Stat.,  1845. 


POLICE  DEPARTMENT. 


179 


amount  of  the  penalty  thereof,  and  judgment  shall  be  rendered  by 
the  court  for  the  same,  and  all  costs,  or  for  so  much  of  such  penalty 
as  may  be  adjudged  just  and  proper,  upon  examination  of  the  facts 
of  the  case. 

Sec.  19.  All  officers  making  arrests  shall  attend  as  witnesses 
before  the  police  court,  and  shall  procure  all  necessary  evidence  in 
their  power,  and  furnish  a list  of  all  witnesses  to  the  court  or  to 
the  city  attorney. 

Sec.  20.  Witnesses  and  jurors  attending  before  any  police  ma- 
gistrate, in  any  suit  or  action  for  any  fine  or  penalty  arising  under 
the  ordinances  of  the  city,  shall  in  case  judgment  is  obtained 
against  the  offender  and  collected  of  him,  be  entitled  to  the  same 
fees  as  in  like  cases  before  justices  of  the  peace.  But  no  costs  of 
any  kind  shall  be  taxed  against  or  collected  of  the  city. 

Sec.  21.  The  city  attorney  shall  not  be  compelled  to  bring  or 
prosecute  any  suit  in  any  case  where  he  and  the  court  may  be  sa- 
tisfied that  the  complaint  is  instituted  maliciously,  or  vexatiously, 
and  without  any  probable  cause,  and  that  the  interests  of  the  pub- 
lic or  of  the  city  will  not  be  subserved  thereby.  And  if  any  per- 
son charged  with  any  offense,  shall,  upon  his  trial  therefor,  be 
acquitted,  and  it  shall  satisfactorily  appear  to  the  court  that  the 
complaint  or  prosecution  was  instituted  maliciously,  or  vexatiously 
and  without  any  probable  cause,  judgment  maybe  rendered  against 
the  complainant  or  prosecutor  for  the  costs  arising  in  the  case,  and 
execution  issued  for  the  collection  of  the  same. 

Sec.  22.  When  any  person  shall  be  committed  by  any  court  or 
police  magistrate,  for  the  non-payment  of  any  fine  or  penalty,  the 
city  marshal  or  any  police  constable  may  take  such  person  from 
the  county  jail  or  o1:her  place  of  confinement,  and  deliver  him  with 
a copy  of  the  execution,  and  with  the  amount  of  fine  and  costs,  in- 
to the  custody  of  the  city  supervisor,  or  of  any  other  person  having 
charge  of  any  of  the  public  works  of  the  city.  And  the  supervisor 
or  such  other  person  shall  receive  the  person  so  committed,  into 
his  custody,  and  receipt  for  him  to  the  marshal  on  the  execution 
held  by  him,  and  shall  enter  in  a book  the  amount  of  the  fine  and 
costs,  and  the  number  of  days  which  the  person  will  be  required  to 
labor  to  discharge  the  same,  at  the  rate  of  one  dollar  for  each  day 


180 


ORDINANCES. 


he  shall  diligently  labor  ; and  he  shall  compel  such  person  to  labor 
on  the  streets  and  alleys,  or  any  other  public  works  of  the  city,  for 
ten  hours  in  each  day,  and  shall  credit  him  with  one  dollar  for  each 
day  he  shall  so  diligently  labor,  and  shall  discharge  him  w^hen  he 
shall  have  labored  out  his  fine  and  the  costs. 

Sec.  23.  Any  person  so  committed  who  shall  refuse  to  labor, 
or  who  shall  conduct  himself  in  a riotous  or  disorderly  manner,  or 
shall  refuse  to  obey  the  orders  of  the  supervisor  or  other  person 
having  him  in  charge,  or  shall  resist  him,  or  attempt  to  escape,  shall 
not  be  entitled  to  any  credit  on  his  fine,  and  may  be  re-committed 
to  the  county  jail  or  other  safe  place  of  confinement  until  he  shall 
consent  to  labor.  If  any  such  person  shall  escape  he  shall  forfeit 
the  whole  of  his  labor  performed,  and  if  retaken  shall  work  out  the 
whole  amount  of  the  fine  and  costs  for  which  he  was  originally 
committed. 

Sec.  24.  Any  person  committed  may  at  any  time  pay  the 
amount  of  the  execution  and  costs,  and  upon  such  payment  being 
made,  or  upon  his  working  out  the  amount  of  the  fine  and  the 
costs  against  him,  or  otherwise  being  entitled  to  his  discharge,  the 
marshal,  supervisor,  or  other  officer  or  person  having  him  in  cus- 
tody, shall,  if  required,  give  him  a written  discharge  and  set  him 
at  liberty. 

Sec.  25.  The  supervisor  or  other  officer  or  person  having  any 
person  so  committed  into  his  custody  for  the  purpose  of  laboring 
out  his  fine  and  the  costs, — shall  furnish  him  with  comfortable 
lodging  and  plain  wholesome  food,  for  which  he  shall  be  allowed 
forty  cents  per  day,  to  be  paid  by  the  person  so  committed  ; and  if 
he  shall  not  pay  the  same,  it  shall  be  paid  by  the  city  and  charged 
to  him,  and  labored  out  in  the  same  manner  as  his  fine ; or  he  may 
commit  such  person  to  the  county  jail  or  other  secure  place  for 
safe  keeping,  when  not  laboring,  and  take  him  therefrom  each  day 
for  the  purpose  of  laboring. 

Sec.  26.  The  supervisor,  the  marshal,  or  other  officer  having 
any  such  persons  in  custody,  shall,  from  time  to  time,  report  to  the 
city  council  the  names,  the  amount  of  the  fine,  the  manner  of  dis- 
charging the  same,  and  the  number  of  days’  labor  performed;  and 


POLICE  DEPARTMENT. 


181 


if  any  person  so  committed  shall  escape,  the  officer  or  person  having 
him  in  custody  shall  immediately  notify  the  mayor  and  marshal 
thereof,  giving  the  marshal  a description  of  such  person. 

Sec.  27.  Until  a city  prison  shall  be  provided  or  established 
by  the  city  council,  any  person  arrested  or  in  custody  for  the  vio- 
lation of  any  law  or  ordinance  of  the  city,  may  be  placed  in  the 
county  jail  of  Sangamon  county  for  safe  keeping,  until  he  can  he 
brought  before  a competent  court  or  magistrate  ; and  until  a city 
work-house  shall  be  established,  any  person  committed  in  default 
of  the  payment  of  any  fine,  forfeiture,  or  penalty  and  costs  recov- 
ered against  him,  may  be  confined  in  such  county  jail  subject  to 
labor  as  is  herein  required. 

Sec.  28.  The  city  marshal  and  police  constables  shall  be 
allowed  twenty-five  per  cent,  of  the  amount  of  all  fines  not  ex- 
ceeding five  dollars,  and  ten  per  cent,  of  the  amount  of  all  fines 
exceeding  five  dollars  collected  by  them  in  cash,  and  paid  into  the 
city  treasury,  in  lieu  of  all  costs  and  charges  against  the  city. 

The  police  or  other  magistrates  shall  each  be  allowed  twenty-five 
dollars  per  annum,  payable  quarterly,  in  lieu  of  all  costs  and 
charges  against  the  city. 

Sec.  29.  Any  police  magistrate  or  other  officer  collecting  fines 
or  moneys  on  account  of  the  city,  shall  pay  the  same  into  the  city 
treasury  as  fast  as  collected.  Each  police  magistrate  before  whom 
any  suits  may  be  brought  in  the  name  of  the  city,  for  the  recovery 
of  any  fines  or  penalties,  shall  quarterly,  on  the  first  Mondays  of 
March,  June,  September,  and  December  in  each  year,  report  to 
the  city  council  a list  of  all  suits  brought  in  the  name  of  the  city 
since  his  last  report,  wfith  the  disposition  made  of  each  case,  the 
amount  of  the  fine  imposed,  if  any,  the  name  of  the  officer  charged 
with  the  collection  of  the  same,  by  whom,  and  the  amount  collected, 
and  the  amount  of  per  centage  due  to  such  officer ; also  the  amount 
collected  since  his  last  report,  upon  any  judgment  for  any  fine  ren- 
dered prior  to  such  report,  with  the  amount  of  the  per  centage  due 
the  proper  officer  thereon  ; and  upon  the  approval  of  his  report,  the 
city  council  shall  order  the  amount  of  per  centage  to  be  paid  to  the 
officer  entitled  thereto. 


182 


ORDINANCES. 


If  any  police  magistrate  shall  neglect  or  refuse  to  hold  a police 
court  at  any  reasonable  time  when  required,  or  shall  refuse  to  ac- 
cept the  allowance  made  by  the  city  council  in  lieu  of  all  costs  and 
charges  against  the  city,  or  shall  neglect  or  refuse  to  pay  over  any 
moneys  collected  by  him,  or  to  make  his  quarterly  report  as  is 
herein  required,  the  city  council  may  order  all  suits  in  the  name  of 
the  city,  for  the  recovery  of  any  fine  or  penalty,  to  be  brought  be- 
fore some  other  police  magistrate,  or  may  designate  one  or  more 
justices  of  the  peace  within  the  city  who  will  agree  to  comply  with 
the  requirements  hereof,  and  before  whom  all  suits  in  the  name  of 
, the  city  for  the  recovery  of  any  fine,  forfeiture  or  penalty  shall  be 
brought. 

If  any  police  magistrate  or  other  officer  shall  neglect  or  refuse 
to  pay  over  any  fine,  or  any  moneys  collected  by  him  on  account 
of  the  city,  legal  proceedings  may  be  commenced  at  any  time  to 
compel  such  payment. 

Passed  May  22,  1856. 


CHAPTER  XXV. 

RAILROADS. 

An  Ordinance  in  relation  to  Railroads. 

Section  1.  No  railroad  company,  or  conductor,  engineer,  or 
other  employee  of  any  railroad  company,  or  other  person  manag- 
ing or  controlling  any  locomotive  engine,  car,  or  train  upon  any 
railroad  track,  shall,  in  the  inhabited  part  of  the  city,  run,  or  suf- 
fer or  permit  to  be  run,  any  such  locomotive  engine,  car,  or  train, 
upon  any  such  railroad  track,  at  a speed  exceeding  six  miles  per 
hour,  under  a penalty  of  not  less  than  five  dollars. 

Sec.  2.  No  railroad  company  or  employee  of  any  railroad 
company,  or  other  person,  shall  leave  or  place,  or  suffer  or  permit 
to  be  left  or  placed,  any  locomotive  engine  or  car  upon  any  rail- 


RAILROADS. 


183 


road  track,  at  the  crossing  of  any  traveled  street  or  alley  intersect- 
ing such  railroad,  so  as  to  obstruct  the  free  passage  way  across  the 
same,  under  a penalty  of  not  less  than  five  dollars. 

Sec.  3.  No  railroad  company,  or  conductor,  engineer,  or  other 
employee  of  any  railroad  company,  managing  or  controlling  any 
locomotive  engine  or  train,  shall  stop  or  permit  to  stop,  any  rail- 
road train  upon  any  railroad  track,  at  the  crossing  of  any  traveled 
street  or  alley  intersecting  such  railroad,  so  as  to  obstruct  the  pas- 
sage way  across  the  same  for  a longer  time  than  ten  minutes,  un- 
less such  railroad  company  or  its  employees  shall  be  necessarily 
engaged  in  the  making  up  or  switching  off  of  their  trains  ; and  in 
that  case  the  obstruction  of  the  passage  way  across  such  railroad 
track  shall  not  continue  longer  than  is  absolutely  necessary  in  the 
diligent  making  up  or  breaking  up  of  such  trains  ; and  such  ob- 
struction shall  not,  in  any  case,  be  continued  to  exceed  one  hour  at 
a time,  and  shall  not,  unless  the  length  of  the  train  shall  render  it 
absolutely  necessary,  extend  to  more  than  one  street  crossing  such 
railroad  track  at  the  same  time ; hut  the  crossings  of  the  adjacent 
streets,  intersecting  such  railroad,  shall  he  left  open  and  unob- 
structed for  the  free  passage  of  vehicles  and  persons.  Any  rail- 
road company,  or  employee  of  any  railroad  company,  who  shall  vio- 
late, or  shall  fail  to  comply  with  the  provisions  of  this  section,  shall 
be  subject  to  a penalty  of  not  less  than  five  dollars,  upon  the  com- 
plaint of  any  person  aggrieved  thereby. 

Passed  June  25,  1857. 


Aa  Ordinance  allowing  the  right  of  way  to  the  Alton  and  Sangamon  Railroad  Company, 

on  Third  Street. 

II. 

Section  1.  That  the  Alton  and  Sangamon  Railroad  Company, 
he  and  they  hereby  are  allowed  the  right  of  way  in  Third  treet, 
in  said  city,  throughout  its  whole  length  and  width,  except  a strip 
ten  feet  wide  on  each  side  of  said  street,  in  front  of  all  property  on 
said  street  but  their  own,  for  side  walks,  so  far  as  may  be  neces- 
sary for  the  construction,  completion,  operation,  and  convenient 


184 


ORDINANCES. 


enjoyment  of  their  railroad  within  and  upon  said  street : Provided, 
That  said  company  shall  not  erect  any  building  within  or  upon  said 
street ; that  said  company  shall  so  grade,  level,  and  bridge  said 
street,  on  at  least  one  side  of  their  track,  as  to  be  at  all  times  con- 
veniently passable  for  teams,  with  convenient  access  to  and  from 
the  same,  on  both  sides  thereof,  at  each  street  and  alley  crossing 
said  track ; that  said  company  shall  make,  construct,  and  at  all 
times  keep  in  repair,  sufficient  and  suitable  culverts,  ditches,  and 
whatever  else  shall  be  needful  for  the  complete  drainage  of  said 
Third  street ; that  the  locomotives,  cars,  etc.,  of  said  company  shall 
not,  while  within  the  limits  of  said  city,  move  at  a greater  speed  than 
the  rate  of  six  miles  per  hour  : And  provided,  further.  That  said 
city  does  not  assume  to  make  compensation  for  any  injury  which 
may  be  done  to  private  property  by  said  company  ; and  does  not  as- 
sume to  interfere  with  any  legal  claim  for  damages  which  the  owners 
of  private  property  may  at  any  time  have  against  said  company. 

Passed  March  20,  1851. 


An  Ordinance  amendatory  to  the  Ordinance  allowing  the  right  of  way  to  the  Alton  and 

Sangamon  Railroad  Company 

III. 

Section  1.  That  the  ordinance  in  relation  to  the  Alton  and 
Sangamon  Railroad  Company,  allowing  said  company  the  right  of 
way,  in  part  over  and  upon  Third  street,  passed  March  20, 1851,  be 
so  amended  as  to  require  said  company,  in  the  construction  of  cul- 
verts, bridges,  ditches,  and  whatsoever  else  shall  be  useful  and 
needful  for  the  complete  drainage  of  said  Third  street,  to  do,  ex- 
ecute, and  perform  the  same  in  conformity  to,  and  with  the  direc- 
tions of  the  city  council  of  said  city. 

Passed  June  26,  1851. 


An  Ordinance  relating  to  the  subscription  of  Fifty  Thousand  Dollars  to  the  Capital 
Stock  of  the  Springfield,  Keokuk  and  Warsaw  Railroad  Company. 

IV. 

Section  1.  That  in  order  to  ascertain  the  wishes  of  a majority 
of  the  legal  voters  of  the  city  in  relation  to  the  subscription  by  the 


Railroads* 


185 


city  council  of  the  city  of  Springfield,  in  behalf  of  said  city,  of  fifty 
thousand  dollars  to  the  capital  stock  of  the  Springfield,  Keokuk 
and  Warsaw  Railroad  Company,  polls  shall  be  opened  at  the 
usual  places  of  voting  in  each  of  the  wards  of  the  city,  from  eight 
o’clock,  A.  M.  until  six  o’clock,  P.  M.,  on  Saturday,  the  15th  day 
of  August  next,  for  the  purpose  of  submitting  to  the  legal  voters  of 
the  city  the  proposition  “ for  or  against”  the  subscription  by  the 
city  council  of  the  city  of  Springfield,  in  behalf  of  said  city,  of  fifty 
thousand  dollars  to  the  capital  stock  of  the  Springfield,  Keokuk  and 
Warsaw  Railroad  Company;  the  subscription  by  said  city  to  said 
capital  stock,  to  be  paid  in  the  bonds  of  the  city  of  Springfield,  pay- 
able in  twenty  years,  with  interest  at  the  rate  of  eight  per  cent,  per 
annum,  payable  semi-annually,  out  of  a special  tax  fund  to  be  levied 
and  collected  for  that  purpose  by  the  city  council  of  the  city  of 
Springfield,  and  the  principal  and  interest  payable  at  the  city  of 
New  York  or  at  the  city  of  Springfield,  at  the  option  of  said  com- 
pany ; the  bonds  to  be  taken  by  said  company  at  par  value,  and  to  be 
issued  only  for  the  amount  required  to  be  paid  at  the  time  of  sub- 
scription, and  for  the  amounts  and  at  the  times  when  assessments 
upon  all  the  stockholders  of  said  company  shall  be  regularly  asses- 
sed and  payable  : Provided,  that  no  subscription  to  said  stock 
shall  be  made  until  the  city  council  shall  receive  satisfactory  evi- 
dence that  a sufficient  amount  of  bona  fide  stock  (including  said  fifty 
thousand  dollars,)  has  been  subscribed  to  grade,  bridge,  purchase 
and  lay  down  the  ties  on  said  road : And  provided,  said  railroad 
company  shall,  by  contract,  irrevocable  without  the  consent  of  the 
city  council,  fix  its  depot  within  one  half  mile  of  the  State  House 
square : Provided,  further,  that  no  subscription  of  stock  to  said 
road  shall  be  made  unless  the  foregoing  terms  are  complied  with  in 
twelve  months  from  the  15th  day  of  August,  1857.  The  stock, 
when  subscribed,  shall  be  under  the  control  of  the  city  council,  in 
the  same  manner  in  all  respects  as  stock  owned  by  individuals,  and 
the  bonds  shall  be  issued  for  such  amounts,  and  in  such  manner,  as 
may  be  hereinafter  provided  by  ordinance. 

Sec.  2.  The  city  clerk  shall  give  at  least  thirty  days’  notice  of 
the  time  and  place  of  opening  and  closing  of  said  polls,  by  publish- 
24 


186 


ORDINANCES. 


ing  an  advertisement  in  the  daily  papers  of  the  city,  and  also  by 
causing  written  or  printed  notices  to  be  posted  up  in  at  least  three 
of  the  most  public  places  of  each  ward.  The  notices  shall  contain 
a copy  of  the  first  section  of  this  ordinance,  and  may  be  substanti- 
ally as  follows,  to-wit : 

ELECTION  NOTICE. 

Public  notice  is  hereby  given,  that  an  election  will  be  held  in 
each  of  the  wards  of  this  city,  on  Saturday,  the  loth  day  of  August 
next,  for  the  purpose  of  submitting  to  the  legal  voters  of  the  city 
the  proposition,  for  or  against  the  subscription  by  the  city  council 
of  the  city  of  Springfield,  in  behalf  of  said  city,  of  fifty  thousand 
dollars  to  the  capital  stock  of  the  Springfield,  Keokuk  and  Warsaw 
Railroad  Company,  in  accordance  with  the  provisions  of  the  first 
section  of  an  ordinance  of  said  city,  entitled  ‘‘  an  ordinance  relating 
to  the  subscription  of  fifty  thousand  dollars  to  the  capital  stock  of 
the  Springfield,  Keokuk  and  Warsaw  Railroad  Company,’’  passed 
July  6th,  1857,  as  follows  : [Here  set  forth  the  first  section  of  the 
ordinance  in  full.] 

Polls  will  be  opened  at  eight  o’clock,  A.  M.,  and  continue  open 
until  six  o’clock,  p.  M.,  of  said  day,  in  each  of  the  wards  of  the 
city, ^ at  the  following  places,  to-wit : 

In  the  first  ward,  at  the  J ournal  Buildings ; 

In  the  second  ward,  at  the  Chenery  House ; 

In  the  third  ward,  at  the  National  Hotel ; 

In  the  fourth  ward,  at  the  American  House. 

Dated  this day  of , A.  D.,  185 — . 

City  Clerk. 

Sec.  3.  The  voters  shall  cast  their  ballots,  For  Subscription,” 
or  ‘‘Against  Subscription;”  and  the  ballots  shall  be  counted  and 
the  returns  made  to  the  city  council  in  the  same  manner  as  in 
other  elections.  And  if  a majority  of  the  legal  voters  of  the  city 
shall  be  in  favor  of  such  subscription,  taking  as  a standard  the 
number  of  votes  cast  at  the  last  general  city  election,  such  sub- 
scription shall  be  made  by  the  city  council. 

Sec.  4.  This  election  shall  be  held  and  conducted  under  the 


SCHOOLS. 


187 


supervision  of  the  judges  of  city  elections,  and  they  shall  be  noti 
fied  thereof  by  the  city  clerk. 

Passed  July  6,  1857. 


CHAPTER  XXVI. 

SCHOOLS. 

An  Ordinance  in  relation  to  the  Public  Schools. 

DIVISION  I. — PUBLIC  SCHOOLS. 

Section  1.  Until  otherwise,  provided,  each  ward  of  the  city 
shall  constitute  a school  district,  and  shall  be  designated  the  first 
ward  as  the  first  district,  the  second  ward  as  the  second  district, 
the  third  ward  as  the  third  district,  and  the  fourth  ward  as  the 
fourth  district. 

Sec.  2.  The  buildings  erected  on  the  lots  purchased  for  public 
school  purposes,  in  the  first  and  third  districts,  shall  be  established 
and  opened  as  public  school  houses,  and  public  schools  maintained 
therein  for  the  free  instruction  of  all  the  white  children  of  the  dis- 
trict who  shall  attend  the  same,  or  be  sent  thereto,  subject  to  the 
regulations  herein  contained,  or  such  as  may  be  prescribed  by  the 
board  of  school  inspectors,  or  by  the  city  council.  As  soon  as  is 
practicable,  public  school  buildings  shall  also  be  erected  on  the  lots 
heretofore  purchased  for  public  school  purposes  in  the  second  and 
fourth  districts,  and  public  schools  established  therein  in  like  man- 
ner ; and  until  such  buildings  shall  be  erected  and  opened  for  pub- 
lic schools,  said  districts  shall  be  attached  to  the  first  and  third 
districts,  in  such  manner  as  the  city  council  or  the  board  of  school 
inspectors  may  prescribe. 

Sec.  3.  The  city  council  shall  annually  appoint  by  ballot  seven 
inspectors,  who  shall  be  called  ‘‘the  board  of  school  inspectors,” 
and  who  shall  have  the  entire  control,  superintendence,  and  charge  of 


188 


OKDINANCES. 


the  public  schools.  They  shall  appoint  one  of  their  number  chair- 
man, and  another  secretary,  and  the  city  clerk  shall  provide  him 
with  suitable  books  at  the  cost  of  the  city,  in  which  he  shall  keep 
a faithful  record  of  all  the  proceedings  of  the  board ; and  he  shall 
file  and  preserve  all  records,  vouchers,  and  papers  pertaining  to 
the  transactions  of  the  board,  and  at  the  expiration  of  his  term  of 
office  the  same  shall  be  delivered  to  his  successor  in  office,  or  to  the 
city  clerk,  to  be  delivered  by  him  to  such  successor. 

Sec.  4.  The  board  of  inspectors  shall  hold  regular  monthly 
meetings,  and  may  call  special  meetings  at  any  time ; and  none  of 
the  powers  herein  conferred  shall  be  exercised  except  at  regular  or 
special  meetings  of  the  board.  A majority  of  the  members  of  the 
board  shall  constitute  a quorum  for  the  transaction  of  business,  and 
they  may  make  and  establish  such  by-laws,  rules  and  regulations 
for  their  own  government,  and  for  the  establishment  and  maintain- 
ance  of  a proper  and  uniform  system  of  discipline  and  tuition  in 
the  several  public  schools,  as  they  may  deem  necessary  or  ex- 
pedient. 

Sec.  5.  They  may  employ  the  necessary  teachers  for  the  pub- 
lic schools,  but  shall  examine  or  cause  to  be  examined  all  persons 
applying  for  situations  as  teachers,  and  shall  be  satisfied  that  they 
are  competent  to  teach  the  branches  of  education  taught  in  the 
public  schools,  and  ^that  they  are  of  temperate  habits  and  good 
moral  character.  No  contract  or  engagement  shall  be  made  with 
any  teacher  for  a longer  period  than  one  year. 

They  may  classify  the  teachers  as  principals,  and  first,  second,  and 
third  male  or  female  assistants,  and  so  on,  or  in  such  other  manner 
as  they  may  prescribe. 

The  salaries  of  teachers  shall  be  fixed  from  time  to  time  by  the 
city  council  in  accordance  with  the  recommendation  of  the  board 
of  inspectors,  who  shall  be  governed  by  the  qualifications  of  teach- 
ers, their  success  in  teaching,  and  the  number  of  pupils  they  can 
successfully  and  thoroughly  teach. 

They  may  remove  or  discharge  any  teacher  whom  they  may 
deem  incompetent,  or  whenever,  from  any  cause,  they  may  deem 
the  interests  of  the  schools  to  require  such  discharge  or  removal. 


SCHOOLS. 


189 


Sec.  6.  They  shall  prescribe  the  studies  to  be  taught,  the 
books  and  apparatus  to  be  used,  and  the  method  and  course  of  in- 
struction and  discipline  in  the  public  schools,  and  see  that  the  same 
is  properly  conducted  and  maintained. 

They  shall  visit  the  public  schools  at  least  monthly,  and  as  much 
oftener  as  their  other  duties  will  admit,  and  inquire  into  the  gov- 
ernment and  discipline  thereof,  and  the  progress  of  the  pupils. 
They  shall  pay  particular  attention  to  the  proper  classification  of 
the  pupils  in  the  several  schools,  and  to  the  apportionment  of  the 
prescribed  studies,  and  shall  endeavor  to  remedy  all  defects  and 
make  all  needed  improvements. 

Sec.  7.  The  board  of  inspectors  shall  regulate  the  manner  of 
granting  permits  to  pupils  to  enter  the  public  schools  of  the  city, 
but  shall  not  authorize  the  granting  of  a permit  to  any  pupil  to  en- 
ter the  public  schools  unless  the  parent,  guardian,  master,  or  mis- 
tress of  such  pupil  shall  be  hona  fide  and  actually  a resident  of  the 
city,  or  entitled  to  admission  into  the  public  schools  under  the  pro- 
visions of  the  seventeenth  section  hereof. 

They  may  apportion  the  pupils  among  the  several  public  schools 
so  as  to  equalize  the  number  in  each  school ; and  may  grant  per- 
mits to  pupils  to  enter  at  any  time  during  the  quarter,  or  to  attend 
school  out  of  the  district  in  which  they  reside  ; but  no  pupil  shall 
attend  without  such  permission,  and  the  inspectors  shall  not  grant 
permits  so  as  to  render  the  number  of  pupils  apportioned  to  the 
several  schools  so  unequal  as  to  be  injurious  to  the  interests  of  any 
of  them. 

They  may  suspend  or  expel  any  pupil  for  any  misconduct  or 
gross  misbehavior,  should  they  deem  the  interests  of  the  school  to 
require  such  suspension  or  expulsion ; and  no  pupil  after  being  ex- 
pelled shall  attend  any  of  the  public  schools  without  their  express 
permission. 

Sec.  8.  The  board  of  inspectors  shall  at  the  end  of  each  term 
or  quarter,  report  to  the  city  council  the  condition  of  the  public 
schools,  the  number  of  pupils  taught  therein  for  the  preceding  term 
or  quarter,  the  studies  and  branches  taught,  the  progress  and  im- 
provement made,  and  such  other  information  as  may  be  necessrry 


190 


ORDINANCES. 


for  a full  and  complete  understanding  of  the  condition  of  the  pub- 
lic schools. 

They  shall  report  to  the  city  council  at  the  end  of  each  school 
year,  a statement  of  the  number  of  pupils  instructed  in  the  public 
schools  of  the  city  during  the  preceding  year,  the  several  branches 
of  education  pursued  in  such  schools,  the  receipts  and  expenditures 
of  each,  specifying  the  sources  of  such  receipts  and  the  objects  of 
all  expenditures,  and  such  other  matters  in  relation  to  the  public 
schools  as  they  may  deem  of  general  interest ; and  the  city  council 
may  cause  to  be  added  to  such  report  such  additional  statistics  and 
information  as  they  may  deem  of  general  interest,  and  shall  cause 
the  same  to  be  published  in  the  newspaper  publishing  the  ordinan- 
ces of  the  city. 

The  board  of  inspectors  may  cause  their  proceedings  to  be  pub- 
lished in  the  newspaper  publishing  the  ordinances  of  the  city 
whenever  they  may  contain  any  thing  of  general  interest. 

Sec.  9.  They  shall,  when  required  by  the  city  council,  report 
and  furnish  all  the  information  in  their  power  concerning  the  pub- 
lic schools,  and  shall,  from  time  to  time,  recommend  such  measures 
in  relation  to  the  alteration  of  the  classification  of  teachers,  or  of 
pupils,  the  increase  or  diminution  of  the  number  or  compensation 
of  teachers,  the  establishing  of  additional  schools  or  districts  or  al- 
tering the  same,  the  improvement  or  alteration  of  the  school  build- 
ings, furniture,  or  apparatus,  or  such  other  matters  in  relation  to 
the  public  schools  as  they  may  deem  expedient. 

Sec.  10.  They  shall,  on  or  before  the  second  Monday  of  Octo- 
ber in  each  year  preceding  each  regular  session  of  the  general  as- 
sembly of  the  state,  or  annually,  if  required  by  the  state  superin- 
tendent of  public  instruction,  cause  to  be  made  out  and  returned 
to  the  school  commissioner  of  Sangamon  county,  the  statement  and 
report  required  by  the  eighty- third  and  thirty- eighth  sections  of 
the  general  school  law  of  the  state.* 

As  soon  after  such  return  as  the  amount  shall  be  received  and 

* The  above  sections,  38  and  83,  are  repealed  by  the  set  of  February  16,  1857,  and  sub- 
stantially re-enacted.  See  Sections  36  and  78  of  State  School  Law  of  1857.  Appendix 
No.  4. 


SCHOOLS. 


191 


apportioned  by  the  school  commissioner  of  Sangamon  county,  the 
city  clerk  shall  annually  apply  to  the  school  commissioner  and  re- 
ceive from  him  the  distributive  portion  of  the  school,  college,  and 
seminary  fund,  to  which  the  city  as  a school  district  is  entitled  by 
law,  and  shall  pay  the  same  to  the  city  treasurer  taking  his  receipt 
therefor  and  charging  him  with  the  amount  thereof ; and  the  treas- 
urer shall  credit  the  same  to  the  city  school  fund. 

Sec.  11.  The  board  of  inspectors  may  contract  for  fuel  or  other 
necessaries  for  the  use  of  the  public  schools,  and  upon  the  filling 
of  the  proper  vouchers  for  the  same  signed  by  their  chairman,  the 
city  clerk  may  draw  his  warrant  on  the  treasurer  therefor  payable 
out  of  the  proper  fund.  But  they  shall  not  cause  any  other  expen- 
ditures except  for  necessary  repairs  of  the  buildings,  fences,  furni- 
ture, or  apparatus,  without  the  consent  of  the  city  council ; and  all 
such  expenses  shall  be  reported  by  them  to  the  city  council  for 
allowance.  The  city  clerk  shall  provide  all  necessary  stationery, 
blanks,  printing,  or  other  articles  for  the  use  of  the  board,  upon 
the  proper  requisition  of  the  chairman  of  the  board. 

Sec.  12.  Each  person  who  shall  be  appointed  a teacher  in  the 
public  schools  shall,  before  entering  upon  the  discharge  of  his  or 
her  duties,  subscribe  a declaration  substantially  as  follows  : ‘‘  I do 
solemnly  declare  and  promise  that  I will,  to  the  best  of  my  ability, 
perform  the  duties  required  of  me  as  a teacher  in  the  public  schools 
of  the  city  of  Springfield.” 

Sec.  13.  The  principal  of  each  school  shall  have  the  custody 
and  charge  of  the  school  building  and  grounds,  and  shall  cause  the 
same  and  the  fences,  fixtures,  furniture,  and  apparatus  to  be  kept 
and  preserved  in  good  order  and  condition,  and  free  from  injury  or 
deface. 

Sec.  14.  He  shall,  at  the  end  of  each  month,  while  the  public 
schools  shall  be  in  operation,  report  to  the  board  of  inspectors,  a 
schedule  showing  the  number  of  days  he  and  each  of  the  teachers 
under  his  charge  have  been  engaged  in  teaching  during  the  month, 
the  number  of  pupils  in  attendance  each  day,  the  total  number  of 
pupils  in  attendance  during  the  month,  and  the  total  number  of 
days’  attendance  of  each  pupil.  Upqn  the  approval  of  the  schedule 


192 


ORDINANCES. 


by  the  board  of  inspectors,  the  chairman  shall  certify  the  amount 
due  to  each  teacher  to  the  city  clerk,  who  shall  draw  his  warrant 
on  the  treasurer  in  favor  of  each  teacher  for  the  amount  certified 
to  be  due  him  or  her. 

The  schedules  of  teachers  shall  be  made  out  in  accordance  with 
the  directions  of  the  board,  and  shall  conform  as  far  as  is  practic- 
able with  the  schedules  required  by  the  general  school  law  of  the 
state. 

Sec.  15.  The  terms  or  quarters  of  the  public  schools  shall  be- 
gin and  end  at  such  times  as  the  board  of  inspectors,  wfith  the  con- 
currence of  the  city  council,  shall  direct.  School  shall  be  taught 
five  days  in  each  week,  and  during  such  hours  as  the  board  shall 
from  time  to  time  prescribe. 

Sec.  16.  The  board  of  inspectors  and  teachers  shall,  as  far  as 
is  practicable,  inform  themselves  in  all  matters  pertaining  to  public 
education,  and  to  the  organization,  discipline,  and  instruction  in 
public  schools,  in  order  that  the  system  of  public  instruction  may 
be  improved,  perfected,  and  rendered  most  eflScient ; and  to  that 
end  the  teachers  shall  from  time  to  time  recommend  to  the  board 
of  inspectors,  such  changes  in  the  discipline,  organization,  or 
eourse  of  instruction,  or  such  other  matters  as  their  experience 
may  suggest. 

Sec.  17.  Any  person  owning  real  estate  or  residing  within  two 
miles  of  the  city  may,  with  the  consent  of  the  city  council,  and  up- 
on his  agreeing  to  have  his  land  and  other  property  assessed  and 
taxed  for  school  purposes  in  the  same  manner  in  which  property 
within  the  city  is  assessed  and  taxed  for  like  purposes,  be  annexed 
to  the  school  district  nearest  his  land  or  residence,  and  have  access 
to  the  public  schools  in  the  same  manner  as  citizens  of  the  city. 

Pupils  residing  without  the  city  and  not  annexed  to  any  school 
district  may,  with  the  consent  of  the  board  of  inspectors,  attend  in 
such  district  as  may  be  designated,  upon  payment  of  such  sum  as 
may  be  fixed  by  the  board,  which  sum  shall  be  paid  on  the  order  of 
the  city  clerk  to  the  treasurer,  and  credited  to  the  school  tax  fund. 
But  the  board  shall  not  admit  such  pupils  to  such  an  extent  as  to 
prejudice  the  interests  of  city  pupils. 


SCHOOLS. 


193 


Sec.  18.  The  city  council  shall  allow  negroes  and  others  not 
being  white  persons,  a portion  of  the  school  taxes  collected,  equal 
to  the  amount  paid  by  them,  toward  the  support  of  their  own 
schools  ; and  their  schools,  when  organized,  shall  be  subject  to  the 
general  supervision  of  the  board  of  school  inspectors  in  like  man- 
ner as  the  other  public  schools  of  the  city. 


DIVISION  II. — SCHOOL  AGENT. 

Section  1.  There  shall  annually  be  appointed  a school  agent, 
who  shall  have  the  custody  and  management  of  the  moneys,  secur- 
ities, and  other  property  belonging  to  the  school  fund  of  the  city. 
He  shall,  before  entering  upon  the  duties  of  his  office,  give  bond  in 
such  sum  and  with  such  sureties  as  may  be  approved  by  the  city 
council,  conditioned  that  he  will  faithfully  execute  the  duties  of  his 
office,  and  account  for  and  pay  over  and  deliver  all  moneys,  securi- 
ties, and  other  property  received  by  him  on  account  of  the  city,  or 
of  the  school  fund. 

Sec.  2.  He  shall  make  no  loan  of  the  school  fund  for  a longer 
time  than  one  year,  without  the  consent  of  the  city  council.  He 
may  in  his  discretion  collect,  sue,  or  secure  any  demand  due  the 
school  fund.  When  any  loan  or  the  security  thereon  shall,  before 
it  is  due,  be  deemed  by  him  insecure,  he  shall,  without  delay,  no- 
tify the  city  council  thereof,  who  if  they  shall  be  of  the  like 
opinion,  shall  order  him  to  notify  the  person  indebted  to  give  ad- 
ditional security  therefor  ; and  upon  his  default  to  do  so,  suit  may 
be  commenced  forthwith  for  the  recovery  thereof.  The  city  attor- 
ney shall  bring  and  attend  to  all  suits  for  or  on  account  of  the  city 
school  fund. 

Sec.  3.  The  school  agent  may  receive  payment  of  any  judg- 
ment, mortgage,  note,  or  other  security  due  the  school  fund,  and 
release  or  discharge  the  same  of  record  or  otherwise  in  the  name  of 
and  as  the  agent  of  the  city,  and  all  such  discharges  or  releases 
shall  be  valid. 

He  shall  give  duplicate  receipts  for  all  moneys  or  securities  re- 
ceived by  him  on  account  of  the  school  fund,  one  of  which  shall  be 
25 


194 


ORDINANCES. 


filed  with  the  city  clerk  who  shall  charge  the  same  to  him  and 
credit  the  proper  account. 

He  shall  pay  into  the  city  treasury  all  sums  received  by  him  on 
account  of  interest  on  the  loan  of  the  school  fund,  and  the  treas- 
urer and  clerk  shall  credit  him  with  the  same,  and  charge  the  pro- 
per account. 

He  shall  quarterly,  on  the  first  Mondays  of  March,  June,  Sep- 
tember, and  December  in  each  year,  and  oftener  if  required,  report 
to  the  city  council  a full  and  complete  statement  of  the  school 
fund  in  his  hands,  and  the  receipts  and  disbursements  since  his  last 
report. 

Sec.  4.  The  school  taxes  collected  shall  be  paid  into  the  city 
treasury  by  the  assessor  and  collector  in  the  same  manner  as  other 
city  taxes,  and  the  treasurer  shall  credit  the  school  tax  account 
therewith,  and  the  same  shall  be  exclusively  appropriated  and  ex- 
pended for  school  purposes  ; and  should  there  at  any  time  be  any 
unexpended  or  unappropriated  surplus  thereof,  or  of  interest  aris- 
ing from  the  school  fund,  the  same  shall  be  paid  over  to  the  school 
agent  by  the  treasurer,  and  form  a part  of  the  school  fund. 

The  treasurer  shall  charge  to  the  school  fund  all  warrants  paid 
by  him  drawn  thereon,  and  he  shall,  on  the  first  Monday  of  each 
month,  report  to  the  city  council  a full  and  complete  statement  of 
the  condition  of  such  account,  specifying  the  sources  of  all  re- 
ceipts, and  the  purpose  of  all  expenditures  for  the  preceding 
month. 

Passed  June  17,  1856. 


CHAPTER  XXVII. 

CORPORATE  SEAL. 

An  Ordinance  defining  and  establishing  the  Corporate  Seal  of  the  city. 

Section  1.  The  corporate  seal  of  the  city  of  Springfield  shall 
be  of  circular  shape,  one  and  seven  eighths  inches  in  diameter, 


CORPORATE  SEAL — SEWERS. 


195 


with  the  device  of  the  state  capitol  surrounded  with  a scroll,  in- 
scribed with  the  words  “ CORPORATE  SEAL  OF  THE  CITY 
OF  SPRINGFIELD,  1840,”  in  Roman  capitals,  engraved  on  the 
face  thereof. 

Sec.  2.  The  city  clerk  shall  prepare  all  commissions  or  other 
official  documents  required  to  be  issued,  and  affix  the  corporate 
seal  thereto,  and  attest  or  countersign  the  same.  He  shall  affix 
the  corporate  seal  to  all  official  acts  of  the  mayor  requiring  it,  and 
if  necessary  attest  or  countersign  the  same.  He  shall  certify  un- 
der the  corporate  seal  copies  of  any  records,  documents,  or  papers 
in  his  office,  when  required  by  any  officer  or  other  person.  But 
in  no  case  shall  the  impression  of  the  corporate  seal  be  binding 
upon  the  city,  unless  it  be  authorized  by  the  charter  or  ordi- 
nances of  the  city,  and  is  attested  by  the  signature  of  the  city 
clerk. 

Passed  May  14,  1856. 


CHAPTER  XXVIII. 

SEWERS.^ 

An  Ordinance  in  relation  to  Sewers,  and  establishing  the  first  Sewerage  District. 

Section  1.  Whenever  a majority  in  number  of  the  owners  of 
the  real  estate  situated  and  embraced  in  any  sewerage  district  es- 

* The  above  ordinance  in  relation  to  Sewers,  was  passed  subsequent  to  the  revision  of 
the  city  ordinances,  but  was  directed  to  be  inserted  in  its  proper  place  by  the  provisions  of 
the  following  ordinance  : 

An  Ordinance  supplemental  to  an  Ordinance  entitled  '^an  Ordinance  in  relation  to  the 

Revised  Ordinances  of  the  City.” 

Section  1.  Be  it  ordained  hy  the  city  council  of  the  city  of  Springfield  ; That  the  ordi- 
nance entitled  “ an  ordinance  in  relation  to  Sewers  and  establishing  the  First  Sewerage 
District,”  passed  December  7,  A.  D.  1857,  be  incorporated  with  the  Revised  Ordinances  of 
the  city,  and  inserted  under  the  proper  head  and  chapter  in  the  volume  of  Revised  Ordi- 
nances now  in  process  of  publication. 

Passed  December  7,  1857. 


196 


OKDINANCES. 


tablished  by  ordinance,  shall  petition  to  the  city  council  for  the 
construction,  extension,  enlargement,  or  alteration  of  any  sewer  or 
part  of  sewer  within  such  district,  the  city  council  may,  by  ordi- 
nance, order  and  direct  and  provide  for  the  construction,  exten- 
sion, enlargement,  or  alteration  of  such  sewer,  by  letting  the  same 
by  contract  in  the  same  manner  as  the  other  public  works  of  the 
city,  or  in  such  other  manner  as  may  be  prescribed ; and  to  defray 
the  cost  of  the  construction,  extension,  enlargement,  or  alteration 
thereof,  a tax  not  exceeding  five  mills  to  the  dollar  per  annum, 
shall  be  annually  levied  and  assessed  upon  the  real  estate  within 
such  sewerage  district,  according  to  the  assessed  valuation  thereof, 
and  collected  in  the  same  manner  as  other  general  city  taxes,  until 
the  total  cost  of  the  construction  of  such  sewer,  or  the  debt  with 
the  interest  thereon  which  may  be  incurred  therefor,  shall  be  fully 
paid.  And  such  tax  shall  be  a lien  upon  the  real  estate  of  the  dis- 
trict in  which  it  is  levied  and  assessed. 

Sec.  2.  The  mayor,  when  authorized  by  ordinance,  may,  with 
the  concurrence  of  the  committee  on  streets  and  alleys,  borrow 
money  upon  the  credit  of  the  city,  to  such  amount  as  may  be  ne- 
cessary to  defray  the  cost  of  the  construction  of  the  sewers  ordered 
in  any  sewerage  district  of  the  city,  and  issue,  sell,  or  dispose  of 
the  bonds  of  the  city  therefor  to  the  best  advantage.  Such  bonds 

shall  be  designated  “ Sewer  bonds  of  District  No. ,”  (according 

to  the  number  of  the  district  for  which  the  same  were  issued,)  and 
shall  be  dated  the  day  of  the  issuing  or  delivery  thereof,  and  signed 
by  the  mayor  and  city  clerk  under  the  corporate  seal,  and  shall  be 
payable  either  in  gross  or  by  installments,  in  not  less  than  three, 
nor  exceeding  ten  years,  and  bear  interest  at  not  exceeding  the 
rate  of  interest  authorized  by  the  city  charter,  payable  as  may  be 
agreed  upon,  not  oftener  than  semi-annually  ; and  the  principal 
and  interest  payable  at  such  place  within  the  United  States,  to  be 
named  on  the  bond,  as  may  be  agreed  upon. 

Sec.  3.  The  principal  and  interest  which  may  become  due  up- 
on such  bonds,  shall  be  payable  from  the  special  tax  of  five  mills 
to  the  dollar  per  annum,  upon  the  assessed  valuation  of  all  the  real 
estate  within  such  sewerage  district ; which  tax  shall  be  thereafter 


SEWERS. 


197 

annually  assessed  and  levied  thereon,  and  collected  therefrom,  un- 
til the  whole  of  the  principal  and  interest  accruing  and  due  upon 
such  bonds  shall  be  paid. 

The  proceeds  arising  from  the  sale  or  disposition  of  such  bonds 
shall  be  paid  into  the  city  treasury  to  the  credit  of  the  sewerage 
district  for  which  the  bonds  were  issued  or  sold,  and  shall  be  ex- 
clusively expended  and  applied  towards  the  construction  of  the 
sewers  ordered  in  such  district. 

Sec.  4.  The  city  clerk  shall  annually  enter  in  the  appropriate 
column  in  the  assessors  and  collectors  warrant,  the  tax  of  five  mills 
to  the  dollar,  upon  the  assessed  valuation  of  all  the  real  estate 
within  any  sewerage  district,  herein  provided  for,  or  such  percent- 
age thereof  as  may  be  necessary  to  meet  the  payment  of  any  in- 
stallment of  principal  and  interest  for  that  year  ; and  such  tax 
shall  be  collected  by  the  assessor  and  collector,  in  the  same  manner 
in  all  respects  as  general  taxes,  and  paid  into  the  city  treasury  to 
the  credit  of  the  sewerage  district  paying  the  same,  and  the  treas- 
urer shall  keep  a separate  account  thereof. 

Sec.  5.  The  city  engineer  or  other  officer  having  charge  of  the 
construction  of  any  sewer  shall,  from  time  to  time,  when  required 
by  the  city  council,  or  the  mayor,  report  the  cost  and  progress 
thereof ; and  he  shall,  without  delay,  after  the  completion  of  such 
sewer,  report  the  total  cost  thereof  to  the  city  council.  The  city 
clerk  shall  keep  a separate  account  with  each  sewerage  district, 
and  such  district  shall  be  charged  with  all  expenditures  made  on 
account  of  the  construction  of  sewers  therein,  and  credited  with  all 
taxes  or  moneys  received  on  account  thereof. 

Sec.  6.  All  sewers  ordered  and  provided  for  by  the  city  coun- 
cil, shall  be  constructed  of  such  form — either  circular  or  oval,  or 
with  the  inverted  flat  arch  at  the  bottom  and  semicircular  arch  at 
the  top — and  with  such  dimensions,  and  materials  of  the  best  qual- 
ity, laid  in  such  manner,  and  to  such  thickness,  and  grade,  and 
depth  below  the  surface,  as  the  committee  on  streets  and  alleys 
may  prescribe,  or  as  may  be  provided  by  ordinance.  All  sewers 
shall  be  laid  to  such  depth  below  the  grade  of  the  street  as  will  ef- 
fectually drain  such  lateral  sewers  as  may  be  conducted  thereinto, 


198 


ORDINANCES. 


and  the  cellars  and  grounds  of  the  lowest  part  of  the  district  in 
which  they  may  be  located;  and  suitable ‘‘ wells,”  ^‘man  holes,” 
^‘stench  traps,”  and  ‘‘  inlets,”  properly  secured  with  coping  stones, 
iron  grates,  or  plate  covers,  shall  be  constructed,  where  necessary, 
at  proper  intervals.  If  any  sewer  will  probably  require  to  be  ex- 
tended, or  the  construction  of  lateral  sewers  leading  thereinto,  it 
shall  be  built  with  reference  to  such  extension  or  lateral  sewers  ; 
and  suitable  openings  shall  be  left  in  the  sides  of  such  sewer,  at 
and  under  the  intersections  of  the  streets  crossing  the  same,  to  ad- 
mit of  the  proper  connections  with  such  lateral  sewers  as  may 
thereafter  be  constructed  in  such  cross  streets.  Such  openings 
shall  be  sustained  by  a brick  arch  or  ring,  and  the  spaces  filled 
with  brick,  so  laid  as  to  be  capable  of  removal  without  injuring  the 
sewer  or  arch.  For  the  purpose  of  carrying  off  the  surface  drain- 
age, suitable  grated  openings  shall  be  made  at  proper  distances,  at 
the  intersections  of  the  curbs  of  the  side  walks  along  the  streets 
or  alleys.  Such  openings  shall  be  vertical,  and  in  a line  with  the 
curb  of  the  sidewalk,  and  shall  be  securely  roofed  or  covered  with 
cast  iron  or  stone  or  other  suitable  material — laid  level  with  the 
sidewalk,  and  capable  of  being  easily  removed  or  replaced  when  re- 
quired— and  shall  connect  with  pipes  or  lateral  drains,  of  such  con- 
struction and  dimensions  laid  with  such  descent  or  grade  as  will 
carry  all  the  surface  water  into  the  sewer. 

Sec.  7.  The  drainage  of  all  private  property  into  the  sewers 
constructed  by  the  city,  shall  be  effected  by  lateral  sewers  of  the 
best  and  most  substantial  construction,  or  by  suitable  conduit  pipes 
of  iron  or  other  suitable  material ; which  shall  in  all  cases  be  made 
by  the  city  engineer  or  under  his  superintendence,  at  the  cost  of 
the  person  applying  therefor ; and  when  constructed  by  the  city 
engineer,  he  shall  require  the  person  applying  for  the  same  to  de- 
posit in  advance  the  probable  cost  thereof  with  the  city  treasurer, 
or  give  bond  with  such  surety  or  sureties  as  he  may  approve,  con- 
ditioned for  the  prompt  payment  of  the  reasonable  and  proper 
costs  of  such  private  drain  or  sewer,  upon  the  completion  thereof. 

Sec.  8.  All  lateral  sewers  at  their  intersections  with  the  main 
sewer,  shall,  if  necessary,  be  curved  towards  the  lower  end  of  the 


SEWERS. 


199 


main  sewer,  so  as  to  lessen  the  obstruction  of  the  current  in  the 
main  sewer,  bj  the  influx  from  the  lateral  sewers. 

Sec.  9.  All  repairs  which  may  become  necessaay  to  any  main 
or  lateral  sewer  in  any  sewerage  district,  shall  be  made  at  the  ex-  - 
pense  of  the  real  estate  in  such  district,  and  such  costs  and  ex- 
penses shall  be  levied  and  assessed  against  and  collected  of  the 
real  estate  within  such  district,  according  to  the  assessed  valuation 
thereof,  in  the  manner  herein  prescribed  for  the  construction  of 
sewers. 

Sec.  10.  No  person  shall  construct,  or  cause  or  permit  or  pro- 
cure to  he  constructed,  any  private  drain  or  sewer  from  any  pre- 
mises or  otherwise,  and  leading  into  any  sewer  built  by  the  city, 
without  the  consent  of  the  city  engineer,  or  unless  under  his  super- 
vision, or  otherwise  than  in  the  manner  directed  by  him,  under  a 
penalty  of  not  less  than  twenty-five  dollars  ; and  such  person  shall 
likewise  be  liable  for  all  damages  to  any  public  sewer  which  may 
arise  from  the  building  of  such  unauthorized  private  sewer  or 
drain. 

Sec.  11.  No  privy  or  cesspool  shall  be  drained  or  emptied  into 
any  public  sewer,  under  a penalty  of  not  less  than  fifty  dollars  for 
each  offense,  and  a like  penalty  for  each  week  the  same  may  be 
continued. 

Sec.  12.  All  petitions  of  the  owners  of  real  estate  in  any  sewer- 
age district,  for  the  construction  of  sewers  therein,  shall  be  filed 
and  preserved  by  the  city  clerk  in  his  ofiSce. 

Sec.  13.  The  city  engineer  shall  keep  a map  in  his  office,  upon 
which  shall  be  platted  and  shown,  the  sewerage  districts  numbered 
as  is  herein  required,  with  the  location  of  the  sewers  therein,  and 
their  dimensions,  openings,  inlets,  and  connections. 

Sec.  4.*  The  north  halves  of  blocks  numbered  twenty-seven, 
thirteen,  fourteen,  and  fifteen,  and  the  north  half  of  the  State 
House  square,  and  the  south  halves  of  blocks  numbered  nine,  ten, 
eleven,  twelve,  and  twenty-eight,  all  in  the  original  town  plat  of 


* The  first  sewerage  district  was  established  by  an  ordinance  entitled  An  Ordinance 
establishing  the  first  sewerage  district/’  passed  August  7,  1857,  all  the  provisions  of  which 
are  incorporated  in  the  above  ordinance. 


200 


ORDINANCES. 


the  town  (now  city)  of  Springfield,  shall  constitute  and  be  desig- 
nated the  “ First  Sewerage  District”  of  the  city. 

Sec.  15.  A majority  in  number  of  the  owners  of  the  real  estate 
situated  within  said  first  district,  having  petitioned  for  the  construc- 
tion of  the  requisite  sewers  therein,  it  is  ordered  that  a brick  sew- 
er, having  a capacity  equal  at  least  to  a circular  diameter  of  three 
feet,  be  constructed  in  said  district  under  the  direction  of  the  city 
engineer,  and  the  committee  on  streets  and  alleys,  and  in  such 
manner  as  they  shall  prescribe  ; beginning  at  or  near  the  west 
line  of  eighth  street,  and  extending  from  thence  along  Washington 
street,  until  it  shall  connect  with  the  sewer  already  constructed 
across  said  street,  at  or  near  the  west  side  of  third  street. 

Sec.  16.  The  cost  of  the  construction  of  said  sewer  shall  be 
charged  against  and  collected  of  the  real  estate  within  said  first 
district,  (except  the  State  House  square),  in  conformity  with  the 
provisions  hereof,  and  a special  tax,  not  exceeding  five  mills  to  the 
dollar  per  annum,  shall  be  annually  assessed  and  levied  against  and 
collected  upon  the  assessed  valuation  of  all  the  real  estate  within 
such  district  (except  the  State  House  square),  until  the  entire  cost 
of  the  construction  of  such  sewer  shall  be  paid,  or  until  the  debt 
and  interest  accruing  thereon,  incurred  by  the  construction  of  such 
sewer,  shall  be  fully  paid. 

Sec.  17.  The  mayor  is  hereby  authorized  to  borrow  such  sum 
of  money,  on  the  credit  of  the  city,  as  may  be  necessary  to  defray 
the  costs  of  the  construction  of  such  sewer,  and  issue  the  bonds  of 
the  city  therefor  in  accordance  with  the  provisions  hereof,  either 
with  or  without  coupons  for  the  interest  attached  thereto ; and  the 
proceeds  arising  from  the  sale  or  disposition  of  such  bonds  shall  be 
paid  into  the  city  treasury,  to  the  credit  of  such  district,  and  ex- 
clusively expended  in  the  construction  of  the  sewer  herein  provided 
for. 

Passed  December  7,  1857. 


SIDEWALKS. 


201 


CHAPTER  XXIX. 

SIDEWALKS. 

An  Ordinance  in  relation  to  Sidewalks. 

Section  1.  All  sidewalks  shall  be  laid  to  the  established  grade, 
or  if  no  grade  shall  be  established,  to  such  temporary  grade  as 
may  be  given  by  the  city  engineer.  They  shall  be  built  of  good 
hard  paving  bricks  laid  in  herring  bone”  manner,  upon  a bedding 
of  sand  not  less  than  four  inches  in  depth,  or  with  good  stone  flag- 
ging dressed  to  an  even  edge  and  closely  laid  together,  and  evenly 
dressed  upon  the  upper  surface,  and  well  embedded  in  sand,  or 
with  good  sound  white  or  bur-oak  or  pine  plank,  not  less  than  two 
inches  in  thickness,  laid  crosswise  with  the  sidewalk,  (unless  other- 
wise specially  directed  in  the  order),  and  firmly  set  upon  and  well 
spiked  to  suitable  bearings  or  stringers  of  not  less  than  three  by 
four  inch  white  or  bur-oak  scantling,  so  let  into  the  earth  or  filled 
in  between  as  to  form  an  even  grade ; and  all  sidewalks  shall  be  laid 
with  a slope  towards  the  curb  of  one  third  of  an  inch  to  the  foot. 
When  built  to  the  full  width,  a good  and  substantial  stone  curbing 
let  into  the  earth  at  least  twelve  inches  below  the  grade  of  the  gut-  , 
ter,  or  a curbing  of  good  three  inch  white  or  bur-oak  plank,  well 
tied  and  spiked  to  substantial  posts  placed  on  the  inside  thereof, 
shall  be  laid  on  the  outside  of  the  sidewalk.  Suitable  wagon  cross- 
ings of  at  least  seven  feet  in  width,  and  extending  across  the  side- 
walk, shall  be  constructed  when  necessary,  of  at  least  two  inch 
plank,  laid  evenly  and  lengthwise  with  the  sidewalk. 

Sec.  2.  The  city  supervisor  shall  superintend  the  construction 
of  all  sidewalks,  and  shall  require  them  to  be  built  of  the  materials 
and  in  the  manner  herein  prescribed ; and  if  any  sidewalk  shall  not 
be  so  constructed  and  laid,  he  may  require  that  it  be  properly  re- 
laid  in  compliance  herewith  ; and  if  the  person  *whose  duty  it  is  to 
do  the  same  shall  neglect  or  refuse  to  comply  with  his  order,  he 
may  cause  such  sidewalk  to  be  properly  relaid  without  delay,  and 
shall  report  the  costs  thereof  to  the  city  council  for  allowance,  and 
26 


202 


ORDINANCES. 


assessment  and  collection  as  in  other  cases  ; or  lie  may  report  such 
sidewalk  to  the  city  council  in  the  same  manner  as  if  it  had  net 
been  laid. 

Sec.  3.  Sidewalks  may  be  laid  on  streets  seventy-six  feet  and 
upwards  in  width,  twelve  feet  wide  ; on  streets  less  than  seventy- 
six  feet  in  width  and  over  fifty  feet,  ten  feet  wide ; and  on  streets 
less  than  fifty  feet,  eight  feet  wide.  But  the  sidewalks  on  the 
east  side  of  Fifth  street  in  Knapp’s  addition,  may  be  laid  to  the 
width  of  six  feet,  and  on  the  west  side  of  said  street  opposite 
thereto,  may  be  laid  to  the  width  of  twelve  feet.  And  the 
connecting  sidewalks  along  any  street  upon  the  same  block  or 
half  block  shall  be  built  of  the  same  materials  and  of  uniform 
width. 

Sec.  4.  The  city  council  may,  by  the  passage  of  an  order  to 
be  entered  upon  the  journals  by  the  city  clerk,  require  the  side- 
walks in  front  of  or  adjoining  any  premises  (describing  the  same,) 
along  any  street  or  part  of  street,  to  be  laid,  relaid,  or  widened, 
to  such  width,  and  with  such  materials,  and  within  such  time,  as 
may  be  designated  in  the  order.  Unless  a different  width  shall  be 
specified  in  the  order,  they  shall  be  laid  to  the  full  width.  The 
order  may  be  substantially  as  follows,  to  wit : 

‘‘  Ordered  that  a (brick  or  plank  as  the  case  may  be)  sidewalk, 

(or  sidewalks) feet  wide,  be,  by  the day  of 

next  ( or  instant, ) constructed  and  laid  in  conformity  with  the  or- 
dinance in  relation  to  sidewalks,  to  (the  established  or  temporary) 

grade,  on  the side  of street,  in  front  of  (or  adjoining) 

the  following  described  premises,  to  wit 

Sec.  5.  The  city  clerk  shall,  without  delay,  after  the  passage 
of  any  order  for  sidewalks,  give  notice  thereof  by  publishing  for 
three  days  at  least  an  advertisement  in  the  newspaper  publishing 
the  ordinances  of  the  city,  stating  in  such  advertisement  the  side 
of  the  street  on  which,  and  describing  the  premises  in  front  of  or 
adjoining  which  such  sidewalks  are  required  to  be  laid,  the  day  on 
or  before  which  they  are  to  be  built,  and  the  width,  when  less  than 
the  full  width,  and  materials  thereof.  The  notice  may  be  substan- 
tially as  follows,  to  wit : 


SIDEWALKS. 


203 


“ SIDEWALK  NOTICE. 

City  Clerk’s  Office,  > 

Springfield, ^185—  j 

Notice  is  hereby  given  that  the  city  council  of  the  city  of  Spring- 
field  has  ordered  a (brick  or  plank  as  the  case  may  be)  sidewalk, 

(or  sidewalks) feet  wide,  to  be  constructed  and  laid  to  (the 

established  or  temporary)  grade,  on  the side  of  

street,  by  the day  of next,  (or  instant,)  in  front  of 

or  adjoining  the  following  described  premises,  to  wit : 

“ Now,  unless  the  same  shall  be  built  within  the  time  and  in  the 
manner  above  mentioned,  and  as  required  by  the  ordinance  in  re- 
lation to  sidewalks,  the  city  supervisor  will  cause  such  sidewalks 
to  be’ built,  and  the  costs  and  expenses  thereof  will  be  assessed 
against  the  premises  chargeable  therewith. 

City  Clerk. 

If  other  sidewalks  have  been  ordered  they  may  also  be  embraced 
in  the  same  notice. 

Sec.  6.  The  city  clerk  shall  also,  without  delay,  after  the  pas- 
sage of  any  order  for  sidewalks,  cause  a copy  thereof  to  be  de- 
livered to  the  city  supervisor,  who,  upon  receipt  of  the  same,  shall, 
without  delay,  notify  any  known  owner  of  each  separate  lot  or 
premises,  or  his  agent,  or  any  other  person  whose  duty  it  is  by  any 
lease,  contract,  or  otherwise,  to  build  such  sidewalk  ; or  if  no  owner 
or  his  agent  or  other  person  liable  therefor,  can  be  found  in  the 
city,  any  occupant  of  the  premises,  by  delivering  to  him,  (or  each 
of  them  in  his  discretion,)  or  leaving  at  his  usual  abode  or  place  of 
business,  with  some  clerk,  partner,  or  member  of  the  house  or 
household,  above  the  age  of  ten  years,  a notice  describing  the  pre- 
mises in  front  of  or  adjoining  which  the  sidewalk  is  ordered,  and 
stating  the  grade,  width,  and  materials  thereof,  and  the  day  by 
which  it  is  required  to  be  laid ; and  if  he  shall  neglect  to  notify 
any  known  owner,  or  his  agent,  or  occupant  or  other  person  whose 
duty  it  is  to  build  such  sidewalk,  as  is  herein  required,  he  shall  be 
subject  to  a penalty  of  five  dollars  in  each  case.  The  notice  may 


204 


ORDINANCES. 


be  written  or  printed  or  partly  both,  and  may  be  substantially  as 
follows,  to  wit : 

“ City  Supervisor’s  Office,  | 

Springfield, 185 — 1 

“ To  Mr. , 

You  are  hereby  notified,  that  the  city  council  of  the  city  of 

Springfield  has  ordered  a (brick  or  plank)  sidewalk, feet  in 

width,  to  be  laid  to  (the  established  or  temporary)  grade,  along 

the  front  (or side)  of  lot  No. , block  No. , 

(of  the  original  town  or  of  any  addition  thereto  as  the  case  may 
be,)  in  conformity  with  the  ordinance  in  relation  to  sidewalks. 

Now,  unless  such  sidewalk  shall  be  constructed  and  laid  in  the 

manner  required  by  ordinance,  by  the day  of next 

(or  instant,)  (the  day  to  be  thirty  days  at  least  from  the  delivery 
of  the  notice,)  the  undersigned  will  cause  the  same  to  be  construct- 
ed and  laid,  and  will  report  the  costs  and  expenses  thereof  to  the 
city  council  for  allowance  and  assessment  against  the  premises 
chargeable  therewith. 

City  Supervisor.” 

Sec.  7.  If  the  owner  of  any  lot  or  premises,  or  his  agent,  or 
any  person  whose  duty  it  is  to  build  such  sidewalk,  is  not  a resi- 
dent of  the  city,  the  supervisor  shall  send  such  notice  to  him  by 
mail,  directed  to  him  at  the  post  ofiice  at  which  he  usually  receives 
his  letters,  if  known  ; but  the  notice  published  by  the  city  clerk  in 
the  newspaper  publishing  the  ordinances  of  the  city,  shall  be 
deemed  a sufficient  notice  to  all  persons  whether  resident  or  non- 
resident. 

Sec.  8.  All  sidewalks  shall  be  built  by  the  owner  of  the  adjoin- 
ing premises,  or  by  any  other  person  who  may  be  liable  to  build 
the  same  by  any  contract  or  agreement  with  the  owner  or  other- 
wise, within  the  time  specified  by  the  order  of  the  city  council ; or 
if  no  time  be  specified  in  the  order,  within  thirty  days  after  the 
giving  of  notice  by  the  supervisor  as  is  herein  required  ; but  if 
no  owner  or  other  person  liable  therefor  can  be  found  by  the  super- 
visor, they  shall  be  built  within  the  time  specified  in  the  notice 
published  by  the  city  clerk  in  the  newspaper  publishing  the  ordi- 


SIDEWALKS. 


205 


nances  of  the  city,  which  time  shall  he  at  least  thirty  days  after 
the  last  publication  thereof. 

Sec.  6.  If  at  the  expiration  of  the  time  of  notice,  any  sidewalk 
shall  not  be  built,  the  city  supervisor  shall,  without  delay,  report 
the  same  to  the  city  council  in  writing  ; or  if  any  sidewalk  which 
may  be  laid,  shall  not  he  constructed  and  laid  in  compliance  here- 
with to  his  satisfaction,  he  may  report  the  same  in  like  manner. 
His  report  shall  contain  a list  and  description  of  each  delinquent 
lot  or  premises,  and  shall  state  opposite  thereto  the  name  of  each 
owner,  or  his  agent,  or  the  occupant,  or  other  person  liable,  upon 
whom  he  has  served  notice,  and  the  date  and  manner  of  service.  If 
any  owner  is  unknown  and  cannot  he  found,  he  shall  state  owner 
“ unknown”  or  ‘^cannot  be  found”  as  the  case  may  be.  He  shall 
obtain  and  file  with  his  report,  a copy  of  the  sidewalk  notice  pub- 
lished by  the  city  clerk,  with  the  proper  certificate  of  the  printer  of 
its  due  publication  attached  ; and  his  report  shall  not  be  received 
or  approved  by  the  city  council  unless  made  as  is  herein  required. 

Sec.  10.  The  city  council  may  at  any  time  after  the  approval 
of  the  report  of  the  supervisor,  pass  an  order  requiring  him,  with- 
out delay,  to  cause  the  sidewalks  to  be  constructed  in  front  of  or 
adjoining  the  premises  mentioned  in  his  report,  and  to  report  the 
costs  and  expenses  thereof  for  assessment  against  the  premises 
chargeable  therewith.  The  order  may  be  substantially  as  follows, 
to  wit : 

‘‘  Whereas  the  sidewalks  fronting  or  adjoining  the  following  de- 
scribed lots  and  premises,  to  wit : 


Nam®  of  owner. 

DESCRIPTION. 

Lot. 

Block. 

Addition. 

Have  not  been  constructed  and  laid  in  pursuance  of  an  order  pas- 
sed   185 — , after  due  notice  to  the  owners  thereof  (or  their 


206 


ORDINANCES. 


agents  or  the  occupants  of  the  premises  or  other  persons  liable 
therefor,)  as  appears  from  the  return  of  the  city  supervisor;  it  is 
therefore  ordered  by  the  city  council,  that  the  city  supervisor 
cause  the  same  to  be  constructed  and  laid  forthwith  in  conformity 
with  the  original  order,  and  report  the  costs  and  expenses  thereof 
for  allowance  and  assessment  against  the  premises  chargeable  there- 
with.” 

Sec.  11.  The  supervisor  shall  keep  an  accurate  account  of  the 
cost  of  each  sidewalk  built  in  front  of  or  adjoining  each  separate 
lot  or  premises  under  his  supervision  by  order  of  the  city  council, 
and  he  shall,  as  soon  as  the  same  may  be  completed,  report  such 
costs  to  the  city  council,  with  the  description  of  the  lot  or  premi- 
ses, and  the  name  of  the  owner  thereof,  if  known.  His  report  may 
be  substantially  as  follows,  to  wit ; 

Springfield, 185 — . 

To  THE  City  Council  of  the  City  of  Springfield: 

In  compliance  with  an  order  of  the  city  council,  passed  — ■ 

185 — , the  undersigned  has  caused  a sidewalk  (or  sidewalks)  to 
be  constructed  and  laid  fronting  (or  adjoining)  the  following  de- 
scribed premises,  at  the  costs  and  expenses  set  opposite  to  each, 
to  wit : 


Name  of  owner. 

DESCRIPTION. 

Costs. 

Lot. 

Block. 

Addition. 

If  sidewalks  shall  be  built  in  front  of  or  adjoing  several  contig- 
uous lots  or  premises,  and  the  exact  cost  of  such  cannot  be  ascer- 
tained, he  shall  apportion  the  costs  equitably,  as  near  as  may  be, 
to  each  lot  or  premises. 

Sec.  12.  When  any  costs  and  expenses  necessarily  made  and 
expended  in  the  construction  of  any  sidewalk  in  front  of  or  adjoin- 
ing any  delinquent  premises,  shall  be  reported  by  the  city  supervi- 


SIDEWALKS. 


207 


sor  to  the  city  council  and  examined  and  approved  by  them,  the 
same  may  at  any  time  thereafter  be  collected  of  the  owner  of  such 
lot  or  premises,  or  other  person  liable  therefor,  and  recovered  by 
suit  in  the  name  of  the  city,  before  any  court  having  jurisdiction, 
or  the  city  council  may  at  any  time  thereafter,  by  the  passage  of 
an  order  to  be  entered  at  full  upon  the  journal,  by  the  city  clerk, 
levy  and  assess  such  costs  and  expenses  against  the  premises 
chargeable  therewith,  and  direct  that  a warrant  issue  for  the  col- 
lection of  the  same,  returnable  within  sixty  days  from  the  date 
thereof.  The  order  shall  contain  a correct  list  and  description  of 
the  lots  and  premises,  with  the  name  of  the  owner  thereof  if  known, 
and  with  the  amount  assessed  against  each  set  opposite  thereto, 
and  may  be  substantially  as  follows,  to  wit : 

“ Ordered  by  the  city  council  of  the  city  of  Springfield,  that  the 
several  sums  set  opposite  to  the  following  described  lots,  (parts  of 
lots,  real  estate,  or  premises,  as  the  case  may  be,)  respectively, 
to  wit : 


Name  of  owner. 

DESCRIPTION. 

Costa. 

Lot. 

Bloek. 

Addition. 

Being  the  costs  and  expenses  approved  by  the  city  council  for  con- 
structing and  laying  sidewalks  in  front  of  or  adjoining  said  lots  or 
premises  by  the  city  supervisor,  in  pursuance  of  an  order  passed 

185 — , after  failure  of  the  owners  thereof,  or  other  persons 

liable  therefor,  to  do  the  same  after  due  notice,  be  and  the  same 
are  hereby  respectively  levied  and  assessed  against  each  of  the  said 
lots,  (parts  of  lots  or  premises,)  and  that  a warrant  issue  for  the 
collection  of  said  assessments,  returnable  within  sixty  days  from 
the  date  thereof.” 

Sec.  13.  The  city  clerk  shall,  without  delay,  after  the  passage 


208 


ORDINANCES. 


of  the  order  of  assessment,  make  out  and  deliver  to  the  assessor 
and  collector,  a warrant  for  the  collection  of  the  assessments,  signed 
bj  the  mayor  and  himself  under  the  corporate  seal,  and  containing 
a true  copy  of  the  order  of  the  city  council,  and  returnable  within 
sixty  days  from  the  date  thereof.  The  warant  may  be  substantially 
as  follows,  to  wit : 

State  of  Illinois,  1 
City  of  Springfield.  J 

The  People  of  the  State  of  Illinois,  to  the  city  assessor  and 
collector  of  the  city  of  Springfield,  greeting  : Whereas,  the  city 

council  of  the  city  of  Springfield,  did,  on  the day  of 

185 — , by  the  passage  of  an  order,  levy  and  assess  against  the  lots 
(parts  of  lots  or  premises)  hereinafter  described,  the  several  sums 
set  opposite  to  eacli  respectively,  being  the  costs  and  expenses  of 
constructing  and  laying  the  sidewalks  in  front  of  or  adjoining  said 
premises  by  the  city  supervisor ; which  said  order  is  in  the  words 
and  figures  following,  to  wit : (Here  insert  a true  and  perfect  copy 
of  the  order  of  assessment,  with  a blank  column  left  for  the  entry 
of  payment.)  Now,  therefore,  you  are  hereby  commanded  to  make, 
levy,  and  collect  the  several  sums  of  money  set  opposite  to  the  se- 
veral lots  or  premises  herein  before  described,  as  the  assessment 
ngainst  the  same,  of  the  goods  and  chattels  of  the  respective  owners 
thereof,  and  make  due  return  in  what  manner  you  shall  execute 
this  warrant,  within  sixty  days  from  the  date  hereof. 

Witness,  A.  B.,  mayor,  and  the  corporate  seal 

[L.  S.]  of  the  city  of  Springfield,  this day  of- — ^ — 

A.  D.  185 — . 

A.  B.,  Mayor. 

C.  D.,  City  Clerk. 

Sec.  14.  The  city  clerk  shall  take  the  receipt  of  the  assessor 
and  collector  for  the  warrant,  upon  the  delivery  thereof,  and  shall 
charge  him  with  the  amount  of  the  same.  He  shall  keep  a side- 
walk account,  and  all  expenditures  for  building  or  repairing  side- 
walks, and  all  moneys  collected  or  received  for  the  same,  shall  be 
properly  charged  or  credited  thereto ; and  the  entries  shall  in  all 
cases  show  the  lot  or  premises  for  which  such  charge  is  made  or 


SIDEWALKS. 


209 


credited.  If  there  shall  he  from  time  to  time,  any  uncollectable 
balance  due  on  such  account,  it  may  be  charged  or  carried  to  the 
general  account  chargeable  therewith. 

Sec.  15,  The  assessor  and  collector  upon  the  receipt  of  the 
warrant,  shall,  without  delay,  cause  a notice  signed  by  him  to  be 
published  for  ten  days  in  the  newspaper  publishing  the  ordinances 
of  the  city,  stating  that  the  warrant  for  the  collection  of  the  as- 
sessments made  by  the  city  council  against  the  premises  named 
therein,  (describing  the  same  with  the  name  of  the  owner  thereof 
if  known,  and  the  amount  of  the  assessment  as  fully  as  set  forth  in 
the  warrant,)  and  for  the  sums  set  opposite  to  each,  for  the  costs 
and  expenses  of  constructing  and  laying  sidewalks  in  front  of  or 
adjoining  said  premises,  has  been  delivered  to  him  for  collection, 
and  that  payment  of  the  same  is  demanded.  Such  notice  shall  be 
deemed  a sufficient  demand,  and  a neglect  to  pay  such  assessment 
for  twenty  days  thereafter  shall  be  deemed  a refusal.  But  the  as- 
sessor and  collector  shall,  as  far  as  is  practicable,  make  personal 
demand  of  payment  of  any  known  owner  of  such  premises,  or  his 
agent,  or  any  other  person  liable  therefor,  if  to  be  found  within  the 
city. 

Sec.  16.  The  assessor  and  collector  shall,  in  the  collection  of 
the  warrant,  have  all  the  powers  conferred  on  him  by  law  in  the 
collection  of  general  warrants  for  taxes,  and  shall  perform  the 
same  duties,  and  be  subject  to  the  same  liabilities,  and  his  return 
may  be  made,  as  near  as  may  be,  in  like  form.  The  city  council 
may,  by  order  or  resolution,  extend  the  time  of  the  return  of  the 
warrant. 

Sec.  17.  When  any  warrant  shall  be  returned  unsatisfied,  in 
whole  or  in  part,  as  to  any  sidewalk  assessment  against  any  lot  or 
premises,  or  any  part  thereof,  the  city  council  may,  at  any  time 
thereafter,  by  an  order  to  be  entered  at  large  upon  the  journals  or 
record  kept  by  the  city  clerk,  direct  the  assessor  and  collector  to 
sell  the  delinquent  premises,  (describing  the  same,  with  the  name 
of  the  owner  thereof,  if  known,  and  the  assessments  severally  due 
thereon,  and  purpose  thereof,  as  fully  as  set  forth  in  the  warrant,) 
or  so  much  thereof  as  may  be  necessary  for  the  payment  of  such 
27 


210 


ORDINANCES. 


assessment  and  the  costs  of  sale.  The  order  may  he  substantially 
as  follows,  to  wit : 

“ Whereas,  the  warrant  issued  on  the — day  of 

185 — , for  the  collection  of  a sidewalk  assessment  made  by  the 
city  council,  for  the  costs  and  expenses  of  constructing  and  lay- 
ing sidewalks  in  front  of  or  adjoining  the  premises  therein 
named,  has  been  returned  unsatisfied,  as  to  the  following  de- 
scribed lots  or  premises,  and  for  the  amount  set  opposite  to  each, 
to  wit : 


Name  of  owner. 

DESCRIPTION. 

Amount  of  Assessment. 

Lot. 

Block. 

Addition. 

“ It  is  therefore  ordered  by  the  city  council  of  the  city  of 
Springfield,  that  the  city  assessor  and  collector  proceed  to  adver- 
tise and  sell  the  above  described  delinquent  premises,  or  so  much 
thereof  as  may  be  necessary  to  pay  the  assessments  severally  due 
against  the  same,  and  the  costs  of  sale,  in  the  manner  prescribed 
by  law.” 

Sec.  18.  The  city  clerk  shall,  without  delay,  after  the  passage 
of  the  order  of  sale,  make  out  a certified  copy  thereof,  signed  by 
the  mayor  and  himself,  under  the  corporate  seal,  and  shall  attach 
the  same  to  the  warrant  and  deliver  them  to  the  assessor  and  col- 
lector. The  warrant  and  the  certified  copy  of  the  order  of  the  city 
council  attached  thereto,  shall  constitute  the  process  upon  which 
the  assessor  and  collector  shall  sell  the  delinquent  lots,  parts,  of 
lots,  or  premises,  described  therein,  and  they  may  b^  sold  at  any 
time  within  two  years  after  the  approval  or  confirmation  of  such 
assessment  by  the  city  council. 

Sec.  19.  The  assessor  and  collector  shall  then  sell  the  delin- 
quent premises,  or  so  much  thereof  as  may  be  necessary  to  pay 


SIDEWALKS. 


211 


such  assessment,  and  the  costs  of  advertising  the  same  for  sale,  he 
first  giving  notice  of  the  time  and  place  of  sale,  by  publishing  an 
advertisement  at  least  four  times  in  the  newspaper  publishing  the 
ordinances  of  the  city,  the  first  publication  to  be  made  at  least 
thirty  days  before  such  sale,  describing  in  such  notice  the  delin- 
quent lots  or  premises,  by  figures  or  otherwise,  with  the  name  of 
the  owner  thereof,  if  known,  and  the  amount  of  the  assessments 
severally  due  against  the  same,  as  fully  as  set  forth  in  the  warrant, 
and  stating  that  the  smallest  portion  of  the  lot,  part  of  lot  or  pre- 
mises, to  be  taken  from  the  east  side  thereof,  will  be  sold  to  the 
person  who  will  take  the  same,  and  pay  the  assessment  due  against 
such  lot  or  premises,  for  constructing  or  laying  sidewalks  in  front 
or  adjoining  thereof,  and  the  cost  of  advertising  the  same  for 
sale.  All  proceedings  may  be  stopped  at  any  time  before  sale, 
by  payment  of  the  amount  of  the  assessment  and  the  costs  of  ad- 
vertising. 

Sec.  20.  All  subsequent  proceedings  shall  be  the  same  in  all 
respects  whatever,  as  in  cases  of  sales  for  general  taxes ; and  the 
duties  and  liabilities  of  the  assessor  and  collector,  of  the  city  clerk, 
of  the  city  council,  and  of  purchasers  at  such  sale,  shall  in  all  re- 
spects whatever  be  the  same  as  is  prescribed  by  law  or  ordinance 
in  cases  of  sales  for  general  taxes. 

Sec.  21.  When  any  sidewalk,  or  sidewalk  curbing  in  front  of 
or  adjoining  any  premises,  shall  be  broken  and  need  repairs,  or  re- 
quire to  be  wholly  relaid,  the  supervisor  shall,  without  delay,  cause 
a printed  or  written,  or  partly  printed  and  partly  written,  or  verbal 
notice  to  be  served  upon  any  known  owner  of  the  premises,  or  his 
agent,  or  any  other  person  who  may  be  liable  to  repair  or  relay 
such  sidewalk,  or  upon  both,  in  his  discretion,  stating  the  nature 
and  extent  of  the  repairs  necessary,  and  requiring  them  to  be  made 
within  six  days  after  notification,  unless  it  shall  be  necessary  wholly 
to  relay  the  sidewalk,  in  which  case,  not  less  than  ten,  nor  exceed- 
ing thirty  days  shall  be  specified  in  the  notice.  But  if  no  known 
owner  of  the  premises,  or  his  agent,  or  occupant,  or  other  person 
liable  therefor  can  be  found  within  the  city,  or  if  the  costs  of  such 
repairs  or  relaying  will  not  [exceed  five  dollars,  or  if  the  sidewalk 


212 


ORDINANCES. 


or  the  curbing  thereof  is  in  such  a condition  as  to  he  unsafe  or 
dangerous,  the  supervisor  shall  cause  the  same  to  he  repaired  or  re- 
laid  without  notice,  and  may  collect  the  costs  and  expenses  thereof 
of  the  owner  of  the  premises  chargeable  therewith,  or  any  other 
person  liable  therefor,  or  may  report  the  same  to  the  city  council 
for  allowance  and  assessment  against  the  premises  chargeable 
therewith. 

Sec.  22.  The  city  supervisor,  when  any  sidewalk  or  sidewalk 
curbing  may  not  be  repaired  or  relaid  in  compliance  with  his  notifi- 
cation, shall,  without  delay,  cause  the  same  to  be  done,  and  shall 
collect  the  costs  and  expenses  thereof  of  the  owner  of  the  premises 
chargeable  therewith,  or  of  any  other  person  w'ho  may  be  liable 
therefor ; and  in  all  cases  w'here  such  owners  or  other  persons  lia- 
ble therefor,  shall  not  pay  such  costs  and  expenses,  the  supervisor 
shall  report  the  same  upon  oath  to,  the  city  council  wfith  the  de- 
scription of  the  premises  to  which  the  same  are  chargeable,  and 
with  the  name  of  the  owmer  thereof,  if  known,  and  the  time  and 
manner  of  notice  where  notice  is  required  to  be  given ; and  upon 
the  examination  and  approval  of  his  report  by  the  city  council,  the 
amount  so  necessarily  expended  in  repairing  or  relaying  such  side- 
walk or  curbing  may  be  levied  and  assessed  against  the  premises 
chargeable  therewith,  and  collected  by  warrant  and  sale  of  the 
same  in  the  same  manner  as  is  herein  prescribed  in  the  case  of 
other  sidew^alk  assessments  ; or  such  costs  and  expenses  may  at 
any  time  be  collected  of  the  owner  of  such  premises,  or  other  per- 
son liable  therefor,  and  recovered  by  suit  in  the  name  of  the  city 
before  any  court  having  jurisdiction. 

Sec.  23.  The  grades  of  sidewalks  shall  be  established  by  the 
city  council ; but  the  city  engineer  may  give  a temporary  grade 
where  no  permanent  grade  is  established,  and  he  shall,  w’hen  re- 
quested by  any  person  desiring  to  build  any  sidewalk,  stake  out  the 
grade  thereof  without  charge. 

Sec.  24.  Whoever  shall  build  or  cause  to  be  built,  or  assist  in 
building  any  sidewalk  contrary  to  any  grade  established  by  the 
city  council,  or  in  a different  manner  than  is  herein  required,  or 
shall,  where  no  permanent  grade  is  established,  build,  or  cause  to 


SLA^UQHTER  HOUSES. 


213 


be  built,  or  assist  in  building  any  sidewalk  without  first  obtaining 
a temporary  grade  therefor  from  the  city  engineer,  or  shall  build 
or  cause  to  be  built,  or  assist  in  building  such  sidewalk,  contrary 
to  the  grade  which  may  be  given  by  the  city  engineer  shall,  in 
each  case,  be  subject  to  a penalty  of  not  less  than  three  dollars, 
and  to  an  additional  penalty  of  not  less  than  one  dollar  for  each 
day  he  shall  not  remedy  or  rebuild  such  sidewalk,  when  required 
by  the  city  supervisor,  and  shall  likewise  be  liable  for  all  damages 
arising  from  the  bad  condition  of  the  same. 

Sec.  25.  If  any  owner  of  any  premises,  or  any  occupant  or 
lessee  thereof,  whose  duty  it  is,  by  any  contract  or  otherwise,  to 
do  the  same,  shall  neglect  or  refuse  to  repair,  relay  or  rebuild  any 
sidewalk  or  sidewalk  curbing,  in  front  of  or  adjoining  his  premises, 
after  due  notice  to  do  the  same,  as  is  herein  required,  he  shall  be 
subject  to  a penalty  of  not  less  than  one  dollar  for  each  day  he  shall 
not  comply  with  such  notice,  and  shall  also  be  liable  for  all  dama- 
ges arising  from  the  bad  condition  of  such  sidewalk. 

Passed  August  11,  1856. 


CHAPTER  XXX. 

SLAUGHTER  AND  PACKING  HOUSES. 

An  Ordinance  regulating  Slaughter  and  Packing  Houses,  and  the  steaming  of  lard  and 

tallow.* 

Section  1.  No  person  shall  slaughter,  dress,  or  pack  any 
cattle,  calves,  sheep,  or  swine,  or  steam  any  lard  or  tallow,  or  use 
any  building  for  any  of  the  purposes  aforesaid,  within  the  city,  or 
within  one  half  mile  thereof,  without  the  permission  of  the  city 
council,  under  a penalty  of  twenty-five  dollars  for  each  off’ense,  and 
a like  penalty  to  the  owner  or  occupant  for  each  day  any  building 
may  be  used  for  any  purpose  above  mentioned. 


* Amended,  see  Ordinance,  Post  II. 


214 


OKDINANCES. 


Sec.  2.  The  city  council  may  grant  permission  not  exceeding 
one  year  at  one  time,  to  slaughter,  dress,  or  pack  animals,  or  to 
steam  lard  or  tallow,  under  the  provisions  of  this  ordinance,  to  such 
persons  as  may  apply  therefor  in  writing  ; stating  in  such  applica- 
tion the  business  to  be  pursued,  and  specifying  the  premises  where 
the  same  is  to  be  carried  on.  Upon  the  granting  of  any  applica- 
tion, the  city  clerk  shall  enter  the  same  upon  the  journals,  and 
shall  issue  to  the  applicant,  in  the  same  manner  as  licenses,  a per- 
mit stating  the  time  for  which  permission  is  granted,  the  business 
to  be  carried  on,  and  the  premises  whereon  the  same  is  to  be  con- 
ducted, and  he  shall  keep  a register  of  such  permits. 

Sec.  3.  The  person  to  whom  permission  shall  he  granted  to 
slaughter,  pack,  or  dress  animals,  or  to  steam  lard  or  tallow,  under 
the  provisions  of  this  ordinance,  shall  cause  all  offal,  blood,  bones, 
and  all  other  offensive  matter  to  be  collected  into  tubs  or  vats  and 
removed  or  buried,  (within  twelve  hours,  between  the  first  day  of 
April  and  the  first  day  of  November  in  each  year,  and  within 
thirty-six  hours,  during  the  rest  of  the  year,)  so  as  not  to  become 
or  be  a nuisance  or  offensive  to  any  person  dwelling  within  or  with- 
out the  city,  and  shall  not  suffer  or  permit  any  blood,  offal,  liquor 
from  steam  tubs,  or  any  other  offensive  matter  to  fall  or  run  upon 
the  ground,  or  to  run  into  the  town  branch  or  any  other  branch 
within  the  city,  and  shall  at  all  times  otherwise  keep  his  premises 
in  a clean,  healthy,  and  inoffensive  condition. 

Whoever  shall  violate  any  provision  of  this  section,  shall  be  sub- 
ject to  a penalty  of  not  less  than  twenty  dollars  for  each  violation, 
and  the  permit  granted  may  be  revoked  at  the  pleasure  of  the  city 
council. 

Sec.  4.  No  person  shall,  within  the  city  or  within  one  half 
mile  thereof,  steam,  boil,  or  render  any  tainted  lard  or  tallow,  offal, 
or  other  animal  substance  so  as  to  taint  the  air  and  render  it  un- 
wholesome or  offensive,  under  a penalty  of  not  less  than  twenty- 
five  dollars. 

Sec.  5.  The  city  marshal  shall,  from  time  to  time,  as  often  as 
may  be  necessary,  visit  all  slaughter  and  packing  houses  and  es- 
tablishments for  steaming  lard  or  tallow,  and,  w^hen  required,  re- 


SLAUGHTER  HOUSES. 


215 


port  their  condition  to  the  city  council,  and  shall  at  all  times  pro- 
secute all  violations  of  this  ordinance. 

Passed  August  13,  1855. 


An  Ordinance  amendatory  of  an  Ordinance  entitled  “ an  Ordinance  regulating  Slaughter 
and  Packing  Houses,  and  the  steaming  of  lard  and  tallow.” 

II. 

Section  1.  No  person  shall,  within  the  city,  slaughter  or 
butcher  any  cattle,  calves,  sheep,  or  swine,  or  use  any  building  or 
inclosure  for  the  purpose  of  slaughtering  or  butchering  any  such 
animals,  under  a penalty  of  twenty-five  dollars  for  each  offense, 
and  a like  penalty  to  the  owner  or  occupant  of  any  such  building 
or  inclosure,  for  each  day  he  shall  use  or  knowingly  suffer  or  per- 
mit the  same  to  be  used  for  the  purposes  aforesaid. 

Sec.  2.  No  person  shall,  without  the  city  and  within  one  mile 
of  the  limits  thereof,^erect,  use,  or  occupy  any  building  or  inclos- 
ure for  a slaughter  house,  or  for  the  purpose  of  slaughtering  or 
butchering  any  cattle,  calves,  sheep,  or  swine,  without  the  permis- 
sion of  the  city  council,  to  be  granted  in  the  manner  provided  in 
the  ordinance  to  which  this  is  amendatory,  under  a penalty  of 
twenty-five  dollars  for  each  offense,  and  a like  penalty  to  the  owner 
or  occupant  of  any  such  building  or  inclosure,  for  each  day  he  shall 
use,  or  knowingly  suffer  or  permit  the  same  to  be  used  for  the  pur- 
poses aforesaid. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  the  first  day  of  March,  A.  J).  1858. 

Passed  September  17,  1857. 


216 


ORDINANCES. 


CHAPTER  XXXI. 

STREETS  AND  ALLEYS. 

An  Ordinance  providing  for  the  improvement  of  the  Streets  and  Alleys  of  the  city. 

Section  1.  All  grading  of  the  public  streets  and  alleys  of 
the  city  shall  be  done  at  the  general  expense  of  the  city,  and 
paid  for  out  of  the  general  fund.  But  when  the  city  council  shall 
deem  it  necessary  to  plank,  pave,  or  McAdamize  any  street  or  part 
of  any  street,  the  same  shall  be  referred  to  the  committee  on 
streets  and  alleys,  or  other  appropriate  committee,  who  shall  exam- 
ine into  such  proposed  improvement,  and  make  an  accurate  esti- 
mate of  the  probable  cost  thereof,  and  report  the  same  to  the  city 
council,  with  an  ordinance  designating  the  street  or  part  of  street 
to  he  improved,  and  specifying  the  plans  and  manner  of  such  im- 
provement. 

Sec.  2.  When  the  city  council  shall  provide,  by  ordinance,  for 
the  improvement  of  any  street  or  part  of  any  street,  and  the  same 
shall  be  paved,  planked,  or  McAdamized,  two  thirds  of  the  costs  of 
such  improvement  shall  be  chargeable  to  and  taxed  against  the  real 
estate  fronting  upon  or  adjoining  such  street  or  part  of  street  so 
improved,  according  to  the  assessed  valuation  thereof ; and  the  re- 
maining third  of  such  costs  shall  be  paid  for  by  general  taxation, 
and  appropriated  from  the  general  fund ; and  to  defray  two  thirds 
of  such  costs,  a special  tax  not  exceeding  five  mills  to  the  dollar  per 
annum,  shall  be  annually  levied  and  assessed  upon  all  the  real  estate 
fronting  upon  or  adjoining  such  street  or  part  of  street  so  im- 
proved, according  to  the  assessed  valuation  thereof,  and  collected 
in  the  same  manner  as  general  city  taxes,  and  exclusively  expend- 
ed in  making  such  improvement  until  the  same  shall  be  completed 
and  paid  for,  or  until  the  debt  with  the  interest  thereon  which  may 
be  incurred  therefor  shall  be  fully  paid.  And  the  city  council 
shall  provide  for  the  payment  of  the  remaining  third  of  the  costs 
of  such  improvement,  or  of  any  debt  and  interest  incurred  therefor, 


STREETS  AND  ALLEYS. 


217 


and  shall  appropriate  from  the  general  fund  ot  the  city  such  a sum 
as  may  be  necessary  to  pay  one  third  of  such  costs,  or  of  any  debt, 
or  installment  of  debt,  and  interest  falling  due,  which  may  be  in- 
curred for  making  any  such  improvement. 

Sec.  3.  The  mayor,  when  authorized  by  ordinance,  may,  with 
the  concurrence  of  the  committee  on  streets  and  alleys,  borrow 
money  upon  the  credit  of  the  city,  to  such  amount  as  may  be  ne- 
cessary to  defray  the  costs  of  the  making  or  completing  any  such 
street  improvement  ordered  by  the  city  council,  and  issue,  sell,  or 
dispose  of  the  bonds  of  the  city  therefor  to  the  best  advantage. 
Such  bonds  shall  be  designated  “ street  improvement  bonds,’'  and 
shall  be  dated  the  day  of  the  issuing  or  delivery  thereof,  and 
signed  by  the  mayor  and  city  clerk  under  the  corporate  seal,  and 
shall  be  payable  either  in  gross  or  by  installments,  in  not  less  than 
three,  and  not  exceeding  ten  years,  and  bear  interest  at  not  ex- 
ceeding the  rate  authorized  by  the  city  charter,  payable  as  may  be 
agreed  upon,  not  oftener  than  semi-annually,  and  the  principal  and 
interest  shall  be  payable  at  such  place  within  the  United  States  to 
be  named  in  the  bond,  as  may  be  agreed  upon,  and  coupons  for  the 
interest  shall  be  attached. 

Sec.  4.  The  principal  and  interest  which  may  become  due  up- 
on such  bonds  shall  be  payable  from  the  special  tax  and  appropri- 
ation herein  provided  for,  and  the  proceeds  arising  from  the  sale 
or  disposition  of  such  bonds  shall  be  paid  into  the  city  treasury  to 
the  credit  of  the  street  improvement  for  which  the  bonds  were  is- 
sued, and  shall  be  exclusively  expended  and  applied  towards  the 
making  or  completing  of  such  improvement. 

Sec.  5.  The  city  clerk  shall  annually  enter  in  the  appropriate 
column  in  the  assessor  and  collector’s  warrant,  the  tax  of  five  mills 
to  the  dollar,  herein  provided  for,  upon  the  assessed  valuation  of 
all  the  real  estate  fronting  upon  or  adjoining  any  street  or  part 
of  street  which  may  be  improved  in  accordance  with  the  provi- 
sions hereof,  or  such  percentage  thereof  as  may  be  necessary  to 
meet  the  payment  of  two  thirds  of  any  installment  of  principal  and 
interest  for  that  year,  and  such  tax  shall  be  collected  by  the  as- 
sessor and  collector  in  the  same  manner  in  all  respects  as  general 
28 


218 


ORDINANCES. 


taxes,  and  paid  into  the  city  treasury  to  the  credit  of  such  street 
improvement,  and  the  treasurer  shall  keep  a separate  account 
thereof. 

Sec.  6.  The  city  engineer  or  other  officer  having  charge  of 
any  public  work  shall,  from  time  to  time,  when  required,  report 
the  cost  and  progress  thereof  and  shall,  without  delay,  after  the 
completion  of  any  public  work  or  improvement,  report  the  total  cost 
thereof  to  the  city  council. 

Sec.  7.  The  city  clerk  shall  open  and  keep  a separate  account 
with  each  street  or  part  of  street  which  may  he  improved  in  ac- 
cordance with  the  provisions  hereof,  and  shall  charge  the  same 
with  all  expenditures  made,  and  credit  it  with  all  revenues  or 
moneys  received  on  account  thereof. 

Sec.  8.  All  repairs  which  may  become  necessary  to  any  street 
or  part  of  street  which  may  be  paved,  planked,  or  McAdamized 
under  the  provisions  hereof,  shall  be  made  at  the  expense  of  the 
real  estate  fronting  upon  or  adjoining  the  street  or  part  of  street 
so  improved,  and  such  costs  and  expenses  shall  be  levied  and  as- 
sessed against  and  collected  of  the  real  estate  fronting  upon  or  ad- 
joining such  street  or  part  of  street  so  improved  and  repaired,  ac- 
cording to  the  assessed  valuation  thereof  in  the  same  manner  as  is 
herein  prescribed  for  the  making  of  such  improvement. 

Sec.  9.  When  the  city  council  shall  order  the  paving,  plank- 
ing, or  McAdamizing  of  any  public  alley,  such  improvement  shall 
he  made  at  the  cost  of  the  owners  of  the  real  estate  fronting  upon 
or  adjoining  such  alley,  according  to  the  number  of  feet  owned  by 
them  fronting  or  adjoining  thereon  ; and  notice  of  the  order  of  the 
city  council  to  make  such  improvement  shall  he  given  by  the  city 
supervisor  to  each  known  owner  of  any  lot  or  real  estate  fronting 
upon  or  adjoining  such  alley,  or  his  agent,  and  upon  the  failure  or 
neglect  of  such  owner  to  comply  with  such  notice,  such  failure  or 
neglect  shall  be  reported  to  the  city  council  by  the  city  supervisor, 
and  the  city  council  may  order  such  improvement  to  be  made  by 
the  city  supervisor,  and  the  costs  and  expenses  thereof  reported  by 
him  to  the  city  council,  and  the  costs  and  expenses  so  reasonably  and 
necessarily  expended  in  the  making  of  such  improvement  shall  be 


TAXES. 


219 


levied  and  assessed  against  and  collected  of  the  real  estate  charge- 
able therewith,  fronting  upon  or  adjoining  such  alley,  in  the  same 
manner  in  all  respects  as  is  prescribed  for  the  assessment  and  col- 
lection of  sidewalk  assessments ; and  all  proceedings  for  the  im- 
proving of  any  alley  under  the  provisions  of  this  section,  shall  be 
the  same,  as  near  as  may  be,  as  is  prescribed  for  the  construction 
of  sidewalks,  in  the  ordinance  in  relation  to  sidewalks. 

Sec.  10.  The  provisions  hereof  shall  not  repeal  or  affect  any 
ordinance  in  relation  to  the  planking  of  the  streets  of  the  city 
heretofore  passed  by  the  city  council. 

Passed  June  25,  1857. 


CHAPTER  XXXII. 

TAXES. 

An  Ordinance  regulating  the  assessment  and  collection  of  Taxes. 

Section  1.  The  city  assessor  and  collector  shall  annually,  after 
being  qualified  and  entering  upon  the  discharge  of  the  duties  of  his 
office,  make  out,  in  a suitable  book  or  books,  a list  of  all  the  real 
estate  within  the  city  subject  to  taxation,  listing  and  describing  the 
lots  or  tracts  in  each  addition  in  numerical  order,  and  subdividing 
any  lot  or  tract  by  correct  descriptions,  when  owned  in  part  by 
different  persons.  The  valuation  thereof,  and  the  name  of  the 
owner,  if  known,  shall  be  set  opposite  thereto.  If  the  owner  is  un- 
known, a blank  shall  be  left  to  be  filled  with  his  name  when  ascer- 
tained ; and  if  after  reasonable  diligence  the  owner  cannot  be  found, 
he  shall  designate  opposite  to  such  lot  or  tract,  the  name  of  the 
owner  as  “ unknown.” 

Sec.  2.  The  assessor  and  collector  shall  also  rule  columns  in 
his  books  for  the  listing  of  personal  property  subject  to  taxation. 
The  names  of  the  owners  of  personal  property  shall  be  entered  in 
alphabetical  order.  The  lists  of  real  and  personal  property  may 


220 


OKDINANCES. 


be  made  out  in  the  same  form,  as  near  as  is  practicable,  as  the  real 
and  personal  property  lists  of  county  assessors  under  the  laws  of 
the  state. 

Sec.  3.  He  shall,  after  making  out  his  lists,  proceed  to  ascer- 
tain the  value  of  the  real  property  within  the  city  subject  to  tax- 
ation, by  actual  view  thereof  and  from  the  best  information  he  can 
obtain,  and  shall  mark  the  assessed  valuation  of  each  separate  lot 
or  tract,  in  figures  opposite  to  the  description  thereof.*  He  shall 
call  upon  each  inhabitant  required  by  law  to  list  any  property  for 
taxation  at  his  or  her  residence,  lodgings,  place  of  business,  or  else- 
where, and  shall  demand  a certified  statement  of  all  the  personal 
property  within  the  city,  and  of  all  the  personal  property  belong- 
ing to  or  in  the  possession  of  such  person  made  taxable  by  the 
laws  of  the  state  for  state  purposes,  including  moneys,  credits,  in- 
vestments in  bonds,  stocks,  joint  stock  companies,  or  otherwise,  in 
his  possession  or  under  his  control,  which  he  or  she  is  required  to 
list  for  taxation  by  the  laws  of  the  state,  either  as  owner,  agent, 
guardian,  parent,  husband,  trustee,  executor  or  administrator,  re- 
ceiver, accounting  ofiicer,  partner  or  factor,  with  such  description 
thereof  as  will  enable  him  to  list  and  value  the  same.f 

Sec.  4.  He  shall  procure  the  necessary  blank  forms  for  such 
certified  statements,  and  shall  value  all  property  at  its  cash  valua- 
tion. Personal  property  shall  be  listed  and  assessed  with  refer- 
ence to  the  quantity  and  value  on  hand  on  the  first  day  of  May  in 

* A municipal  corporation  authorized  by  its  charter  to  levy  and  collect  taxes  upon  all 
real  estate  ■within  the  city,  cannot,  bj’  ordinance,  direct  the  assessment  of  a tax  upon  lots, 
without  considering  the  value  of  the  improvements  thereon.  The  fixed  and  permanent  im- 
provements upon  the  land  are  a part  thereof,  and  an  assessment  upon  the  land  Tvithout  re, 
gard  to  their  value  is  illegal.  Eitch  vs.  Pinchard,  4 Scam.  Rep.  78.  See  also  Jacksonvile 
vs.  McConnel,  12  Ills.  138. 

t The  term  “ Personal  Estate”  embraces  money  loaned  and  every  other  species  of  per- 
sonal proporty.  Jacksonville  vs.  McConnel,  12  Uls.  Rep.  138. 

With  certain  qualifications  personal  property  follows  the  residence  of  the  owner  and  is 
there  taxable  if  the  owner  resides  in  the  state,  and  the  property  taxed  if  temporarily  ab- 
sent is  nevertheless  subject  to  taxation.  Sangamon  and  Morgan  R.  R.  Company  vs.  Mor- 
gan CO.  14  Ills.  Rep.  163. 

Where  the  owner  of  personal  property  is  a corporation,  such  corporation  will  be  consi- 
dered to  be  in  the  state  of  its  location,  and  its  residence  where  its  principal  office  or  place 
of  business  is.  Same  caso. 


TAXES. 


221 


each  year,  including  all  property  purchased  on  that  day.  If  the 
personal  property  is  in  view  and  he  can  ascertain  the  value  thereof 
he  shall  value  the  same ; but  when  it  is  not  in  view,  or  he  is  unable 
to  ascertain  the  value  thereof  to  his  satisfaction,  he  shall  require 
the  person  listing  to  give  in  the  description  and  value  thereof  un- 
der oath. 

Sec.  5.  If  any  person  shall  be  sick  or  absent  when  called  upon 
by  the  assessor  and  collector,  he  shall  leave  at  his  or  her  residence, 
lodgings,  or  usual  place  of  business,  a notice  with  a blank  form  at- 
tached, requiring  him  or  her  to  make  out  and  leave  at  his  office  on 
or  before  a certain  day  (not  less  than  five  days)  to  be  named  there- 
in, a statement  certified  by  him  or  her  (under  oath  if  required,)  of 
all  the  personal  property  which  he  or  she  is  required  to  list.  The 
name  of  the  person  and  the  date  of  the  notification  shall  be  noted 
in  a book  kept  for  that  purpose. 

Sec.  6.  If  the  assessor  and  collector  shall  be  unable  to  find  the 
owner  of  any  personal  property  or  any  other  person  required  to 
list  the  same,  or  if  such  owner  or  other  person  shall  neglect  to  give 
in  a list  of  his  property  when  duly  notified,  the  assessor  and  col- 
lector shall  list  and  value  the  personal  property  of  such  person  ac- 
cording to  the  best  information  he  can  obtain  ; or,  if  he  believes 
that  the  personal  property  of  any  person  has  been  undervalued  in 
the  listing  thereof,  he  shall  list  and  revalue  such  property  at  what 
he  considers  its  true  valuation,  and  shall  notify  such  person  of  such 
increased  valuation. 

Sec.  7.  If  any  person  shall  give  in  a false  or  fraudulent  list  of 
his  personal  property,  or  of  any  personal  property  which  he  is  re- 
quired to  list ; or  shall  refuse  to  deliver  to  the  assessor  and  col- 
lector, when  called  upon,  a true  list,  certified  by  him,  of  his  per- 
sonal property,  or  of  personal  property  which  he  is  required  to  list ; 
or  shall  refuse  to  give  in  such  list  upon  oath,  when  required  by  the 
assessor  and  collector  ; the  assessor  and  collector  shall,  in  either 
case,  as  a penalty  therefor,  list  his  personal  property  or  the  per- 
sonal property  which  he  is  required  to  list  at  what  he  may  deem 
double  its  value ; and  upon  his  failure  to  do  so  he  shall  be  subject 
to  a penalty  of  fifty  dollars  in  each  case. 


222 


ORDINANCES. 


Sec.  8.  The  assessor  and  collector,  if  any  person  shall  neglect 
or  refuse  to  list  his  personal  property,  or  any  personal  property 
which  he  is  required  to  list ; or  if  he  shall  he  unable  to  find  any 
person  required  to  list  any  personal  property,  or  if  any  person  shall 
refuse  to  list  his  personal  property  or  any  personal  property  which 
he  is  required  to  list,  under  oath,  when  required  by  him  ; or,  if  he 
believes  that  any  person  has  listed  his  personal  property  or  any 
personal  property  which  he  is  required  to  list,  at  less  than  the  true 
valuation,  or  falsely,  or  fraudulently,  shall  have  power  to  examine 
upon  oath  any  other  person  whom  he  may  suppose  to  have  knowl- 
edge of  the  amount  or  value  of  all  the  personal  property,  moneys, 
and  credits  which  any  such  person  was  required  to  list.  Any  per- 
son who  shall  refuse  to  be  sworn  or  to  testify  when  so  required  by 
the  assessor  and  collector,  shall  be  subject  to  a penalty  of  not  less 
than  five  dollars  in  each  case. 

Sec.  9.  When  personal  property  is  not  listed  by  the  owner,  the 
assessor  and  collector  shall  note  opposite  to  the  name  of  the  owner 

by  whom  listed,  as  by agent,  “ by  assessor,”  as  the  case  may 

be.  He  shall  arrange  the  certified  statements  of  property  received 
by  him  in  alphabetical  order,  and  shall  carefully  file  and  preserve 
them  in  his  office. 

Sec.  10.  If  he  shall  find  any  real  or  personal  property  which 
has  not  been  listed,  assessed,  and  taxed  in  any  former  year,  he 
shall  list  and  value  the  same  for  each  year  omitted,  noting  each 
year  for  which  the  same  is  so  listed  and  assessed. 

Sec.  11.  When  the  assessor  and  collector  shall  have  completed 
his  lists  he  shall  revise  and  correct  them,  and  shall  add  up  the  se- 
veral colums  of  his  lists  and  carry  the  amounts  forward,  so  as  to 
show  at  the  end  thereof  the  total  valuation  of  real  and  personal 
property. 

He  shall  return  his  lists  to  the  city  council  on  or  before  the  first 
Monday  of  August  in  each  year,  unless  the  city  council  shall,  by 
an  order,  extend  the  time  of  such  return,  with  an  affidavit  annexed 

in  the  following  form,  to  wit : — ‘‘  I, , city  assessor  and 

collector  of  the  city  of  Springfield,  do  hereby  solemnly  swear  that 
the  foregoing  is  a correct  and  full  list  of  all  the  real  and  personal 


TAXES. 


223 


property  within  the  city  subject  to  taxation,  so  far  as  I have  been 
able,  with  diligence,  to  ascertain  the  same  ; and  that  I have  valued 
the  same,  as  I believe,  at  the  full  cash  value  thereof,  estimated 
agreeably  to  the  rules  prescribed  therefor  in  the  laws  of  the  state 
for  the  assessment  of  property,  and  that  the  aggregate  value  there- 
of as  set  forth  is  true  and  correct  as  I believe. 

Assessor  and  Collector.” 


OP  THE  RETURN  OF  THE  ASSESSOR  AND  COLLECTOR’S  LISTS. 

Sec.  12.  When  the  assessor  and  collector  shall  have  returned 
his  lists  to  the  city  council,  they  shall,  by  an  order  fix  a day  for 
the  hearing  of  objections  thereto.  The  city  clerk  shall  give  notice 
of  the  time  and  place  so  fixed  for  the  hearing  of  such  objections, 
by  publishing  for  five  days  at  least  in  the  newspaper  publishing  the 
ordinances  of  the  city,  an  advertisement  substantially  as  follows, 
to  wit : 

“notice  to  tax  payers. — assessment  lists. 

City  Clerk’s  Office,  | 

Springfield, 185—  J 

“ Notice  is  hereby  given  that  the  lists  of  all  the  taxable  real  and 
personal  property  within  the  city  for  the  municipal  year  185—,  have 
been  returned  to  the  city  council  by  the  city  assessor  and  collector, 
and  that  objections  thereto  will  be  heard  by  the  city  council  at  the 

meeting  to  be  held  at  the  council  room  on the day  of 

instant  (or  next)  at  which  time  and  place  all  persons  aggrieved 

by  the  assessment  of  their  property  may  appear,  and  at  no  other, 
and  make  and  file  their  objections  in  writing. 

City  Clerk.” 

Sec.  13.  Any  person  aggrieved  by  the  assessment  of  his  proper- 
ty, or  of  any  property  which  he  is  required  to  list,  may  appear  at 
the  time  specified  and  make  and  file  his  objections  in  writing,  stat- 
ing as  specifically  as  may  be  the  nature  of  his  objections.  All  ob- 
jections shall  be  made  or  filed  at  or  before  the  meeting  of  the 


224 


OEDINANCES. 


city  council  called  to  hear  and  determine  the  same,  and  at  no 
other,  and  the  facts  stated  in  such  objections  shall  be  verified  up- 
on oath,  either  by  the  person  making  the  same,  or  by  a credible 
witness. 

Sec.  14.  The  city  council  when  convened  for  the  purpose  of 
hearing  objections,  shall  hear  and  determine  them  in  a summary 
manner,  and  shall  correct  all  errors  and  supply  any  omissions  they 
may  discover  in  the  lists,  and  for  the  purpose  of  equalizing  them 
may  alter,  add  to,  take  from,  or  otherwise  correct  and  revise  the 
same ; or  may  refer  them  back  to  the  assessor  and  collector  with 
instructions  to  him  to  revise  and  correct  them ; or  they  may 
be  referred  to  a committee  for  that  purpose ; but  all  corrections 
and  alterations  shall  be  reported  to  the  city  council  for  their  final 
action  and  approval.  The  city  council  shall  not  in  any  case  remit 
or  reduce  the  assessment  of  double  the  value  of  the  property  of 
any  person  listed  by  the  assessor  and  collector,  as  a penalty 
for  his  refusing  to  list  his  property,  or  for  refusing  to  give  it  in 
upon  oath,  when  required,  or  for  giving  in  a false  or  fraudulent 
list. 

Sec.  15.  The  assessor  and  collector  shall  attend  the  meeting 
of  the  city  council  convened  for  the  purpose  of  hearing  objections 
to  his  lists,  and  shall  give  all  information  in  his  power  in  relation 
to  any  property,  to  the  assessment  of  which  any  objection  may  be 
made  by  any  person  aggrieved. 

Sec.  16.  When  the  assessor  and  collector’s  lists  shall  have 
been  revised  and  corrected  by  the  city  council,  they  shall,  by  the 
passage  of  an  order,  to  be  entered  at  full  upon  the  journals  by  the 
clerk,  approve  and  confirm  them,  and  direct  that  they  be  filed,  and 
that  a warrant  issue  for  the  collection  of  the  several  taxes  which 
may  be  levied  and  assessed  thereon.  The  order  may  be  substanti- 
ally as  follows,  to  wit : 

“ Whereas  the  assessment  lists  for  the  municipal  year  one  thou- 
sand eight  hundred  and  fifty , have  been  duly  made  and  re- 

turned by  the  city  assessor  and  collector,  and  revised  and  corrected 
by  the  city  council,  after  due  notice  to  all  persons  aggrieved  there- 
by, and  full  hearing  of  all  objections  thereto ; it  is  ordered  by  the 


TAXES. 


225 


city  council  of  the  city  of  Springfield,  that  the  said  assessment  lists 
and  the  several  assessments  therein  contained,  as  revised  and  correct- 
ed by  the  city  council,  be  and  the  same  are  hereby  confirmed  and  ap- 
proved, and  that  they  be  filed,  and  that  a warrant  issue  for  the  collec- 
tion of  the  several  taxes  which  may  be  assessed  and  levied  thereon.” 
Sec.  17.  The  city  council  shall  thereupon,  by  an  ordinance  or  re- 
solution, levy  upon  all  the  taxable  real  and  personal  property  listed, 
such  sum  or  sums  of  money  as  maybe  sufficient  for  any  or  all  of  the 
several  purposes  for  which  taxes  are  authorized  to  be  levied,  not 
exceeding  the  authorized  per  centage,  particularly  specifying  each 
purpose  for  which  the  same  are  levied,  and  if  not  for  general  pur- 
poses, or  for  the  whole  city,  the  district  or  division  upon  which  they 
are  laid. 

OP  THE  COLLECTION  OP  TAXES. 

Sec.  18.  The  city  clerk  shall,  as  soon  as  may  be  after  the  pas- 
sage of  the  ordinance  or  resolution  levying  taxes,  and  within  thirty 
days  at  least,  unless  the  time  shall  be  extended  by  the  city  council, 
make  out  and  deliver  to  the  assessor  and  collector,  a warrant  for 
the  collection  of  such  taxes.  The  warrant  shall  contain  a true 
copy  of  the  corrected  assessment  lists,  with  additional  columns  ruled 
therein  for  the  entry  of  each  tax  which  may  be  levied  by  the  city 
council.  Each  column  shall  be  headed  with  the  name  of  the  tax.  A 
column  shall  also  be  ruled  for  the  entry  of  payment  when  the  taxes 
are  paid  to  the  assessor  and  collector.  The  city  clerk  shall  calcu- 
late the  amount  of  each  separate  tax,  rejecting  fractions  of  a cent 
in  all  cases,  and  place  the  same  in  the  proper  column  opposite  to 
the  name  of  the  person,  or  description  of  the  property  chargeable 
therewith.  lie  shall  carefully  compare  and  add  up  each  column 
and  carry  the  amount  forward,  so  as  to  show  at  the  end  of  the  tax 
lists  the  total  amount  of  the  taxes  levied.  He  shall  test  the  accu- 
racy of  his  computations  and  additions,  by  calculating  the  tax  on 
the  total  valuation  of  the  property  on  each  page,  so  that  he  may  be 
certain  that  the  taxes  have  been  correctly  extended  and  added. 

If  the  property  is  assessed  for  any  former  year,  he  shall  calculate 
29 


226 


ORDINANCES. 


the  per  centage  of  each  several  tax  due  for  that  year,  noting  the 
year  for  which  such  taxes  are  levied ; and  the  assessor  and  collec- 
tor shall  collect  the  same,  with  the  interest  thereon  at  the  rate  of 
ten  per  cent,  per  annum  from  the  date  from  which  they  were  due 
and  payable,  until  paid. 

Sec.  19.  The  warrant  shall  he  issued  returnable  within  ninety 
days  from  the  date  thereof,  and  shall  be  signed  by  the  mayor  and 
city  clerk,  under  the  corporate  seal ; and  may  be  substantially  as 
follows,  to  wit : 

State  of  Illinois, 

City  of  Springfield. 

The  People  of  the  State  of  Illinois  to  the  city  assessor  and  col- 
lector of  the  city  of  Springfield,  greeting  ; 

Whereas  the  city  council  of  the  city  of  Springfield  did,  on  the 
day  of A.  D.  185 — , assess  and  levy  upon  the  as- 
sessed value  of  the  real  and  personal  property  herein  described, 
the  several  sums  of  money  set  opposite  to  each  respectively  in  the 

appropriate  column,  for  general,  school,  lamp,  and taxes  of 

the  city  of  Springfield  for  the  municipal  year  one  thousand  eight 

hundred  and  fifty , as  follows:  (Here  describe  the  real  and 

personal  property  with  the  valuation  thereof,  making  a perfect 
copy  of  the  corrected  assessment  lists,  and  specifying  and  setting 
down  the  several  taxes  levied  by  the  city  council  in  separate  col- 
umns, carrying  forward  the  totals  of  each  column,  and  leaving  a 
blank  column  for  the  entry  of  payment. ) Now  therefore  you  are 
hereby  commanded  to  make,  levy,  and  collect  the  several  sums  of 
money  set  opposite  to  the  real  and  personal  property  herein  de- 
scribed, as  the  taxes  thereon,  for  the  year  aforesaid,  of  the  goods 
and  chattels  of  the  respective  owners  of  said  real  and  personal  pro- 
perty, and  make  due  return  in  what  manner  you  shall  execute  this 
warrant,  within  ninety  days  from  the  date  hereof. 

Witness,  A.  B.,  mayor  of  the  city  of  Spring- 

[L.  S.]  field,  and  the  corporate  seal  thereof,  this 

day  of A.  D.  one  thousand  eight  hun- 

dred and  fifty 

Attest:  C.  D.,  City  Clerk. 


A.  B.,  Mayor. 


TAXES. 


227 


Sec.  20.  The  several  taxes  shall  be  due  and  payable  from  and 
after  the  approval  of  the  corrected  lists  and  the  passage  of  the  or- 
dinance or  resolution  levying  the  taxes,  and  shall  from  that  time  be 
a lien  upon  real  property  for  two  years  ; and  shall  be  a lien  upon 
personal  property  from  and  after  the  delivery  of  the  warrant  to  the 
assessor  and  collector  until  paid,  and  no  sale  or  transfer  thereof 
shall  affect  the  lien. 

Sec.  21.  On  issuing  any  warrant  for  taxes,  the  city  clerk 
shall  take  duplicate  receipts  from  the  assessor  and  collector,  spe- 
cifying the  amount  of  taxes  levied  by  the  warrant ; one  of  which 
he  shall  file  with  the  treasurer,  and  they  shall  each  charge  the 
assessor  and  collector  on  their  books  with  the  full  amount  thereof. 

Sec.  22.  The  assessor  and  collector,  upon  receipt  of  the  war- 
rant, shall  immediately  proceed  to  collect  the  taxes  levied  there- 
in; and  he  shall,  without  delay,  cause  a notice,  signed  by  him,  to 
be  published  for  ten  days  in  the  new'spaper  publishing  the  ordinan- 
ces of  the  city,  stating  that  the  warrant  for  the  collection  of  the 
several  city  taxes  for  the  municipal  year  A.  D.  185 — , upon  all  the 
taxable  real  and  personal  property  within  the  city,  has  been  deliv- 
ered to  him  for  collection  thereof,  and  that  payment  of  the  same  is 
demanded.  Such  notice  shall  be  deemed  a sufficient  demand,  and 
a neglect  to  pay  such  tax  for  twenty  days  after  the  expiration 
thereof,  shall  be  deemed  a refusal ; but  he  shall,  as  far  as  is  prac- 
ticable, make  personal  demand  of  payment  of  each  person  charged 
with  taxes,  or  his  agent,  if  known  and  to  be  found  within  the 
city. 

Sec.  23.  He  shall  have  power,  by  virtue  of  his  warrant,  to  dis- 
train and  sell  any  personal  property  of  any  person  charged  with 
real  or  personal  property  taxes,  for  the  payment  thereof,  together 
with  costs,  who  shall  refuse  to  pay  the  same  on  a personal  demand 
or  who  shall  neglect  to  pay  the  same  for  ten  days  after  a personal 
demand,  or  for  twenty  days  after  the  due  publication  of  notice 
when  no  personal  demand  has  been  made  ; or  he  may  distrain  forth- 
with if  he  apprehend  danger  of  the  loss  of  the  taxes,  by  the  re- 
moval of  the  property  of  any  person  owing  taxes  or  otherwise  ; or 
he  may  collect  such  taxes  by  suit  in  the  corporate  name  before  any 


228 


ORDINANCES. 


court  having  jurisdiction,  at  any  time  after  a demand  and  refusal  to 
pay  the  same.* 

Sec.  24.  He  shall,  before  selling  any  personal  property  dis- 
trained by  him,  give  at  least  five  days’  notice  of  the  time  and  place 
of  sale,  by  posting  up  notices  thereof  at  the  front  of  the  county 
court  house,  at  the  post  office,  at  the  office  of  the  city  clerk,  and  in 
at  least  tvro  other  of  the  public  places  of  the  city,  describing  the 
personal  property  to  he  sold,  and  stating  the  name  of  the  delin- 
quent, and  the  amount  of  the  taxes  and  costs  for  vhich  the  same 
will  he  sold.  The  sale  shall  he  at  public  auction  between  the  hours 
of  nine  o’clock,  A.  M.  and  five  o’clock,  p.  M.,  and  no  more  of  the 
property  distrained  shall  be  unnecessarily  sold  than  will  be  suffi- 
cient to  pay  the  taxes  due  and  the  costs  of  distraining  and  sale. 
Any  surplus  shall  be  paid  to  the  delinci[uent.  For  levying  and  sell- 
ing, the  assessor  and  collector  may  charge  and  receive  a fee  of  fifty 
cents,  and  five  per  centum  upon  the  amount  collected  by  such  sale, 
together  with  the  necessary  costs  and  charges  of  removing  such  pro- 
perty, and  keeping  the  same  from  the  time  of  distraining  thereof 
until  sold. 

Sec.  25.  The  assessor  and  collector,  upon  the  receipt  of  any 
money  for  the  payment  of  taxes,  shall  mark  the  word  “paid”  oppo- 
site to  the  name  of  the  person  or  description  of  the  property  charged 
therewith,  and  he  shall  also  give  a receipt  therefor  to  the  person 
paying  the  same,  stating  the  amount,  describing  the  property,  the 
valuation  thereof,  and  the  several  taxes  for  which  the  same  was 
paid. 

Sec.  26.  If  the  assessor  and  collector  in  collecting  taxes  shall 
find  anv  errors  in  the  calculation  of  taxes  in  his  warrant,  he  shall 
correct  the  same ; and  if  he  shall  discover  any  taxable  property 
omitted  in  his  warrant,  he  shall  note  the  same,  and  shall  report  such 
property  with  the  valuation  thereof  to  the  first  meeting  of  the  city 
council  thereafter ; and  the  city  council  shall,  by  an  order,  direct 
the  city  clerk  to  enter  such  property  with  the  valuation  thereof  in 

* A collector  of  taxes  under  a municipal  ordinance,  must,  in  distraining  property  for 
taxes  and  in  all  his  proceedings  strictly  follow  its  directions.  Allen  vs,  Scott,  13  Dls. 
Rep.  80, 


TAXES. 


229 


the  warrant,  and  he  shall  compute  the  amount  of  the  several  taxes 
due  upon  such  property  and  set  the  same  down  in  the  appropriate 
column,  in  the  same  manner  as  if  it  had  been  originally  listed,  and 
the  taxes  thereon  shall  be  collected  in  like  manner. 

Sec.  27.  Real  property  shall  in  all  cases  be  liable  for  the  taxes 
levied  thereon.  Personal  property  shall  be  liable  for  the  taxes 
levied  on  real  property,  and  real  property  shall  be  liable  for  the 
taxes  levied  upon  personal  property  ; but  taxes  due  upon  personal 
property  shall  not  be  charged  against  real  property,  except  in  case 
of  removal,  or  insolvency,  or  otherwise,  where  the  the  taxes  cannot 
be  collected  and  made  out  of  the  personal  property.  But  the  asses- 
sor and  collector  may  in  all  cases  distrain  and  sell  personal  property 
for  taxes  due  upon  real  property. 


OF  THE  RETURN  OF  THE  WARRANT. 

Sec.  28-  The  city  council  may  extend  the  return  day  of  any 
warrant,  by  order  or  resolution. 

On  the  return  day  of  the  warrant,  the  assessor  and  collector 
shall  make  return  thereof  to  the  city  council,  or  if  not  in  session, 
he  shall  make  return  to  the  next  meeting  of  the  city  council  after 
the  return  day.  His  return  may  be  substantially  as  follows,  to 
wit : 

State  of  Illinois, 

City  of  Springfield. 

“ City  Assessor  and  Collector’s  Office,  ) 

Springfield, 185 — J 

To  the  city  council  of  the  city  of  Springfield: 

The  undersigned,  city  assessor  and  collector  of  the  city  of  Spring- 
field,  makes  return  to  the  city  council  of  the  foregoing  warrant,  that 
he  has  collected  the  taxes  on  all  the  real  and  personal  property  de- 
scribed in  said  warrant,  opposite  to  which,  in  the  appropriate  col- 
umn, the  word  “ paid”  is  written;  that  demand  of  payment  has  been 
made  of  all  the  other  taxes  not  marked  paid,  by  notice  duly  pub- 
lished in  the  newspaper  publishing  the  ordinances  of  the  city,  and 
personally  of  the  persons  severally  charged  therewith,  in  each  case 
where  he  has  been  able,  by  diligent  inquiry,  to  find  such  persons, 


230 


OKDINANCES. 


and  that  he  has  not  been  able  to  collect  such  taxes  of  such  persons, 
or  to  find  any  personal  property  belonging  to  them  or  either  of  them, 
out  of  which  the  taxes  could  be  made.  He  therefore  returns  the 
said  warrant  unsatisfied  as  to  all  taxes  not  marked  “paid”  on  the 
face  thereof. 

City  Assessor  and  Collector. 

Sec.  29.  The  assessor  and  collector  shall  also  make  out  and  re- 
turn with  his  warrant,  a statement  in  writing  of  the  names  of  all 
persons  charged  wdth  personal  property  taxes,  and  the  amount 
thereof,  which  he  has  been  unable  to  collect  by  reason  of  insolv- 
ency, removal,  or  otherwise.  If  the  delinquent  shall  own  any  real 
estate  within  the  city  the  fact  shall  be  reported ; and  the  city  coun- 
cil may  order  that  the  personal  property  taxes  due  from  such  delin- 
quent shall  be  charged  to  any  of  his  real  estate,  and  the  same  shall 
be  so  charged  and  added  to  the  taxes  due  upon  any  of  his  real  pro- 
perty by  the  assessor  and  collector.  He  shall  also  report  any  er- 
rors which  he  may  have  found  in  the  warrant  and  corrected. 

Sec.  30.  When  any  warrant  shall  be  returned  unsatisfied  in 
whole  or  in  part  as  to  any  taxes  due  upon  real  property,  or  as  to 
any  taxes  due  upon  personal  property  charged  against  any  real 
property,  the  city  council  shall,  by  the  passage  of  an  order  to  be 
entered  at  full  upon  the  journals  by  the  city  clerk,  direct  the  asses- 
sor and  collector  to  sell  the  delinquent  premises,  (describing  the 
same,  with  the  name  of  the  owner  thereof,  if  known,  and  the  several 
taxes  due  against  the  same  as  fully  as  set  forth  in  the  warrant,)  or  so 
much  thereof  as  may  be  necessary  to  pay  such  taxes  and  the  costs 
of  sale,  he  first  giving  due  notice  of  the  time  and  place  of  such  sale 
as  required  by  law.  The  order  may  be  substantially  as  follows,  to 
wit : 

“ Whereas  the  warrant  issued  on  the day  of A.  D. 

185 — , for  the  collection  of  the  taxes  levied  by  the  city  council  of 
the  city  of  Springfield,  upon  the  assessed  value  of  all  the  real  and 
personal  property  within  said  city,  listed  for  and  subject  to  taxation 
for  the  municipal  year  A.  D.  185 — , has  been  returned  by  the  city 
assessor  and  collector  unsatisfied  as  to  the  following  described  real 


TAXES. 


231 


property  not  marked  “•paid'"  in  the  said  warrant,  and  upon  which 
the  taxes  thereon  are  charged  against  the  same  yet  remain  due  and 
unpaid,  to  wit : (Here  describe  each  separate  lot  or  tract,  with  the 
name  of  the  owner  thereof,  if  known,  and  the  several  taxes  due 
thereon  as  fully  set  forth  in  the  warrant. ) It  is  therefore  ordered 
by  the  city  council  of  the  city  of  Springfield,  that  the  assessor  and 
collector  proceed  to  sell  the  aforedescribed  delinquent  lots,  premi- 
ses, and  real  estate,  or  so  much  thereof  as  may  be  necessary  to  pay 
the  several  taxes  respectively  due  thereon  and  charged  against  the 
same  and  the  costs  of  sale  thereof,  in  the  manner  prescribed  by  law, 
he  first  giving  due  notice  of  the  time  and  place  of  such  sale  as  re- 
quired by  law.” 

Sec.  31.  The  city  clerk  shall,  without  delay,  after  the  passage 
of  the  order  of  sale,  make  out  a certified  copy  thereof,  signed  by 
the  mayor  and  himself,  under  the  corporate  seal,  and  shall  attach 
the  same  to  the  warrant,  and  deliver  them  to  the  assessor  and  col- 
lector. The  warrant  and  the  certified  copy  of  the  order  of  the  city 
council  attached  thereto,  shall  constitute  the  process  upon  which  the 
assessor  and  collector  shall  sell  the  delinquent  lots,  premises,  and 
real  estate,  described  therein ; and  they  may  be  sold  at  any  time 
within  two  years  after  the  approval  and  confirmation  of  the  correct- 
ed assessment  lists  by  the  city  council. 

Sec.  32.  The  assessor  and  collector  shall  then  sell  the  delin- 
quent premises,  or  so  much  thereof  as  may  be  necessary  to  pay  the 
several  taxes  respectively  due  and  charged  thereon,  and  the  costs 
of  advertising  the  same  for  sale,  he  first  giving  notice  of  the  time 
and  place  of  sale,  by  publishing  an  advertisement  at  least  four  times 
in  the  newspaper  publishing  the  ordinances  of  the  city,  the  first 
publication  to  be  made  at  least  thirty  days  before  such  sale,  de- 
scribing in  such  notice  the  delinquent  lots  or  premises  by  figures 
or  otherwise,  with  the  name  of  the  owner  thereof,  if  known,  and 
the  amount  of  the  several  taxes  respectively  due  thereon,  as  fully 
set  forth  in  the  warrant,  and  the  year  for  which  such  taxes  are  due, 
and  the  costs  of  sale,  and  stating  that  the  smallest  portion  of  the 
delinquent  lot,  part  of  lot,  or  premises,  to  be  taken  from  the  east 
side  thereof,  will  be  sold  to  the  person  who  will  take  the  same  and 


232 


ORDINANCES. 


pay  the  several  taxes  due  thereon  and  the  costs  of  advertising  the 
same  for  sale.  The  notice  of  sale  may  be  substantially  as  follows, 
to  wit : 

a (.jrpY  SALE. 

City  Assessor  and  Collector’s  Oppice,  ) 
Springfield, 185. — J 

‘‘  Notice  is  hereby  given,  that  the  undersigned,  in  pursuance  of 
the  warrant  for  the  collection  of  the  taxes,  and  of  an  order  of  the 

city  council  of  the  city  of  Springfield,  passed  on  the day  of 

185 — , will,  on the day  of next,  between 

the  hours  of  ten  o’clock  A.  M.  and  six  o’clock  P.  M.,  at  his  office  in 
this  city,  sell  at  public  auction,  the  smallest  portion  of  each  of  the 
lots,  parts  of  lots,  real  estate,  and  premises  hereinafter  described,  to 
be  taken  from  the  east  side  thereof,  to  the  person  who  will  take  the 
same  and  pay  the  several  sums  set  opposite  to  each,  being  the  taxes 
levied,  assessed,  and  charged  thereon  by  the  city  council  of  said  city, 
for  the  several  purposes  named,  for  the  municipal  year  A.  D.  185-, 
together  with  the  costs  of  advertising  the  same  for  sale,  to  wit  : 
(here  describe  the  delinquent  premises,  with  the  name  of  the  owner 
thereof,  if  known,  and  the  several  taxes  respectively  due  thereon  as 

fully  as  set  forth  in  the  warrant. ) cents  will  be  charged  upon 

each  separate  lot  or  tract,  as  the  costs  of  advertising  the  same  for 
sale. 

City  Assessor  and  Collector. 

Sec.  33.  All  proceedings  may  be  stopped  at  any  time  before 
sale,  by  payment  of  the  amount  of  the  taxes  due  and  the  costs  of 
advertising. 

Sec.  34.  The  assessor  and  collector  shall  sell  the  delinquent 
real  property  for  the  taxes  * due  thereon,  at  his  office,  or  at  such 
other  public  place  in  the  city  as  may  be  named  in  his  notice,  on 
or  before  the  first  Monday  of  February  in  each  year,  unless  the 
city  council  shall,  by  order  or  resolution,  extend  the  time  of  such 
sale. 


SALES  OF  REAL  PRORERTY  FOR  TAXES. 

Sec.  35.  The  assessor  and  collector  shall,  on  the  day  of  sale, 
attend  at  the  place  of  sale  mentioned  in  his  notice  and  shall,  be- 


TAXES. 


233 


tween  the  hours  of  ten  o’clock  a.  m.  and  six  o’clock  p.  M.,  of  such 
day,  offer  for  sale  each  lot,  part  of  lot,  or  tract  of  real  estate  so  ad- 
vertised for  sale,  upon  which  the  taxes  then  remained  due  and  un- 
paid ; and  if  he  shall  fail  to  attend  such  sale,  unless  prevented  by 
sickness  or  other  unavoidable  cause — in  which  case  the  city  clerk 
shall  attend  such  sale  and  act  in  his  place — he  shall  be  liable  to  pay 
to  the  city,l^the  full  amount  of  the  taxes  due  upon  all  the  pro- 
perty so  advertised  for  sale,  with  all  the  costs  and  charges  thereon, 
in  the  same  manner  as  if  the  same  had  been  sold.  And  he  may  af- 
terwards collect  such  taxes  and  costs,  and  may  re-advertise  and  sell 
the  delinquent  real  property  in  the  manner  herein  required,  for  such 
taxes  and  costs,  to  reimburse  the  amount  so  paid  by  him ; but  no 
additional  costs  shall  be  made  at  such  sale,  and  no  property  shall 
be  struck  off  to  the  city.  Nor  shall  the  assessor  and  collector,  or 
the  city  clerk,  at  any  sale  for  taxes,  either  for  himself  or  others,  bid 
upon  or  purchase  any  lot  or  tract  or  any  part  thereof  for  the  taxes 
due  thereon,  under  a penalty  of  not  less  than  twenty-five  dollars ; 
and  any  such  sale  shall  be  void. 

Sec.  36.  The  sale  shall  be  made  for  the  smallest  portion  of  the 
lot  or  tract,  to  be  taken  from  the  east  side  thereof,  to  the  person 
who  will  take  the  same,  and  pay  the  amount  of  the  taxes  due  upon 
such  lot  or  tract,  and  the  costs  of  advertising  the  same  for  sale. 
The  purchaser  shall,  upon  the  lot  or  tract  or  the  smallest  part 
thereof  bid  for,  being  struck  off  to  him,  pay  the  amount  of  the  taxes 
due  thereon,  and  if  he  shall  fail  to  do  so  the  premises  shall  again 
be  offered  for  sale,  and  no  sale  shall  be  considered  as  completed  un- 
til payment  is  made.  The  person  so  forfeiting  shall  be  subject  to 
a penalty  of  not  less  than  three  times  the  amount  of  the  taxes  due 
upon  the  property  bid  off  and  forfeited  by  him,  to  be  recovered  as 
in  other  cases.  The  sale  shall  be  continued  from  day  to  day  until 
all  the  premises  advertised  are  sold. 

Sec.  37.  The  assessor  and  collector,  upon  receipt  of  the  taxes 
due,  shall  make  out  and  sign  duplicate  certificates  of  purchase,  one 
of  which  shall  be  delivered  to  the  purchaser,  and  the  other  shall  be 
filed  with  the  city  clerk.  The  certificate  shall  contain  a description 
of  the  delinquent  premises  sold,  with  the  name  of  the  owner  thereof, 
30 


234 


ORDINANCES. 


if  known,  and  tlie  amount  of  the  several  taxes  due  thereon,  and  the 
costs  for  which  the  same  were  sold,  the  part  sold,  with  the  name  of 
the  purchaser  thereof,  and  shall  state  the  payment  of  the  taxes  due 
and  the  costs  by  the  purchaser,  the  date  of  the  sale,  and  the  time 
when  the  right  of  redemption  will  expire,  and  may  be  substantially 
as  follows,  to-wit : 

City  Assessor  and  Collector’s  Office,  1 
Springfield, 185. — I 

This  certifies  that  at  a sale  of  the  delinquent  real  property 
within  the  city  of  Springfield,  for  the  several  taxes  due  thereon  for 

the  municipal  year,  A.  D.  185 — , held  at in  said  city,  on  * 

the day  of 185 — , purchased  the 

of  the  following  described  lot  (part  of  lot  or  real  estate)  being  the 
smallest  part  thereof  bid  for,  for  the  total  amount  of  the  several 
taxes  and  the  costs  set  opposite  thereto,  to  wit : 


Name  of  owner  . 

DESCRIPTION. 

TAXES. 

Costs. 

Total. 

Lot. 

Block. 

Addition. 

General 

Taxes. 

School 

Tax. 

Lamp 

Tax. 

Which  said  taxes  and  costs  the  said has  this  day  paid  to 

the  undersigned,  and  he  will  be  entitled  to  a deed  for (here 

describe  the  premises  sold,)  unless  the  same  shall  be  redeemed  on 

or  before  the day  of 185 — , (two  years 

from  the  date  of  sale,)  at  which  date  the  right  of  redemption  will 
expire. 

City  Assessor  and  Collector. 

Sec.  38.  The  assessor  and  collector  shall,  without  delay,  make 
out  a certified  list  of  all  sales  of  real  property  made  by  him  for  the 
taxes  due  thereon,  and  the  costs,  describing  the  delinquent  premises 
sold,  with  the  name  of  the  owner  thereof,  if  known,  and  the  several 
taxes  due  thereon  for  which  the  same  were  sold,  and  the  costs,  the 
total  amount  of  the  taxes  and  costs,  the  name  of  the  purchaser,  and 


TAXES. 


235 


the  date  of  the  sale  thereof,  and  shall  return  the  same  together  with 
the  warrant  and  order  of  sale  to  the  city  council.  He  shall  also  ob- 
tain and  attach  to  and  file  with  his  certified  list,  a copy  of  the  notice 
of  sale,  with  the  proper  certificate  of  the  printer  or  publisher  that 
such  notice  was  published  in  the  newspaper  publishing  the  ordinan- 
ces of  the  city,  (naming  the  same,)  at  least  four  times,  that  the  first 

publication  was  made  on  the day  of 185 — , (at  least 

thirty  days  prior  to  said  sale,)  and  the  last  on  the day  of 

— 185 — . Upon  the  approval  of  such  return  by  the  city  council, 
the  city  clerk  shall  make  an  entry  thereof  upon  the  journals,  and 
he  shall,  without  delay,  record  such  certified  list  in  the  record  book 
for  the  entry  of  tax  sales,  and  shall  file  and  preserve  the  original 
in  his  office. 

Sec.  39.  When  any  real  property  shall  be  redeemed,  the  city 
clerk  shall  make  an  entry  thereof  upon  the  record  of  tax  sales,  op- 
posite to  the  description  of  the  property  sold,  naming  the  person 
redeeming,  the  amount  paid,  and  the  date  thereof ; and  he  shall 
make  a special  deposit  of  the  redemption  money,  if  paid  to  him, 
with  the  city  treasurer,  taking  his  receipt  therefor,  and  giving  to 
the  person  redeeming  a certificate  of  redemption,  signed  by  him 
under  the  corporate  seal,  describing  the  premises  sold,  and  stating  to 
whom  sold,  the  amount  of  taxes  and  costs  sold  for,  and  the  amount 
paid  to  redeem,  including  taxes  subsequently  paid  and  the  interest 
thereon,  if  the  same  have  been  paid  by  the  purchaser  ; and  he  may 
charge  and  receive  a fee  of  fifty  cents  for  each  certificate  of  re- 
demption issued  by  him,  to  be  paid  by  the  person  redeeming. 

Sec.-  40.  The  person  redeeming  shall  pay,  within  two  years  af- 
ter the  date  of  sale,  to  the  purchaser  or  to  his  assignee,  or  to  the 
city  clerk  for  his  use,  double  the  amount  in  specie  of  the  taxes  and 
costs  for  which  the  premises  were  sold,  together  with  all  taxes  ac- 
cruing subsequent  to  the  sale  and  paid  by  such  purchaser  or  his 
assignee  or  for  his  use,  with  interest  upon  such  taxes  at  the  rate  of 
ten  per  cent,  per  annum  from  the  date  of  the  payment  thereof.  But 
any  infant,  lunatic,  or  feme  covert  may  redeem  any  of  his  or  her 
real  estate  sold  for  the  taxes  due  thereon,  at  any  time  within  one 
year  after  his  or  her  disability  is  removed,  upon  the  terms  herein 


236 


ORDINANCES. 


specified  ; or  the  guardian,  friend,  or  other  person  for  any  such  in- 
fant, feme  covert,  or  lunatic,  may  at  anytime  before  his  or  her  dis- 
ability is  removed,  redeem  such  real  estate  from  any  sale  for  the 
taxes  due  thereon. 

Sec.  41.  If  any  real  property  (not  belonging  to  any  knovn  in- 
fant, feme  covert,  or  lunatic,)  shall  not  be  redeemed  vrithin  two 
years  after  the  date  of  the  sale  thereof,  for  the  taxes  due  thereon 
and  the  costs,  or  within  one  year  after  the  removal  of  the  disability 
of  any  known  infant,  feme  covert,  or  lunatic  owning  the  same,  the 
city  council  shall,  upon  the  return  of  the  certificate  of  purchase,  or 
proof  of  its  loss,  order  a deed  to  be  executed  to  the  purchaser  or 
his  assignee,  under  the  corporate  seal,  signed  by  the  mayor  or  pre- 
siding officer  of  the  city  council,  and  countersigned  by  the  city 
clerk,  and  conveying  to  such  purchaser  or  his  assignee  the  premi- 
ses so  sold  and  unredeemed.  But  hereafter  no  purchaser  of  any 
land,  lot,  or  real  estate,  at  any  sale  thereof  for  the  taxes  due  to  the 
city  thereon,  or  at  any  sale  thereof  for  any  assessment  levied  for 
any  purpose  authorized  by  law,  and  due  the  city  thereon,  shall  be 
entitled  to  a deed  for  any  land,  lot,  or  real  estate  so  purchased,  un- 
til he  or  she  shall  comply  with  the  following  conditions,  to  wit : Such 
purchaser,  or  his  assignee,  shall  serve  or  cause  to  be  served,  upon 
every  person  in  possession  of  such  land,  lot,  or  real  estate,  at  least 
three  months  before  the  expiration  of  the  time  of  redemption  on 
such  sale,  a written  notice  of  such  purchase,  in  which  he  shall  state 
the  time  when  he  purchased  the  land,  lot,  or  real  estate,  with  the 
description  of  the  same,  and  the  time  when  the  right  of  redemption 
will  expire.  In  like  manner  he  shall  serve,  or  cause  to  be  served, 
a similar  written  notice  upon  the  person  or  persons  in  whose  name 
or  names  such  land,  lot,  or  real  estate  is  taxed,  or  listed  for  taxa- 
tion, if  such  person  or  persons  shall  reside  in  the  county  of  Sanga- 
mon ; but  if  the  person  in  whose  name  the  land,  lot,  or  real  estate 
is  taxed,  does  not  reside  in  the  county  of  Sangamon,  such  pur- 
chaser, or  his  assignee,  shall  cause  such  notice  to  be  given,  by  pub- 
lishing for  three  times  at  least,  an  advertisement  in  some  newspaper 
printed  and  published  within  the  city  of  Springfield,  the  last  publi- 
cation to  be  made  not  less  than  three  months  before  the  time  of  re- 


TAXES. 


237 


demption  will  expire.  Every  such  purchaser,  or  his  assignee,  by 
himself  or  agent,  before  he  shall  be  entitled  to  receive  a deed,  shall 
make  an  affidavit  of  his  having  complied  with  the  conditions  of  this 
section,  stating  particularly  the  facts  relied  upon  as  such  compli- 
ance ; which  affidavit  shall  be  delivered  to  the  city  clerk,  who  shall 
enter  the  same  upon  the  record  of  deeds  for  tax  sales  in  his  office, 
and  he  shall  carefully  file  and  preserve  the  same  in  his  office ; and 
such  record  or  affidavit  shall  be  frima  facie  evidence  that  such  no- 
tice has  been  given.  Any  person  swearing  falsely  in  such  affidavit, 
shall  be  deemed  guilty  of  perjury^  and  punished  accordingly.  In 
case  any  person  shall  be  compelled  to  publish  a notice  in  a news- 
paper, as  is  herein  required,  then,  befor  eany  person,  who  may  have 
a right  to  redeem  such  land,  lot,  or  real  estate  from  such  tax  sale, 
shall  be  permitted  to  redeem  the  same,  he  or  she  shall  pay  to  the 
officer  or  person  authorized  by  law  to  receive  such  redemption 
money,  the  customary  printer’s  fee  for  publishing  such  notice,  and 
the  expenses  of  swearing  or  affirming  to  the  affidavit,  and  filing  the 
same.* 

Sec.  42.  The  city  clerk  shall,  after  the  passage  of  the  order, 
make  out  and  deliver  to  the  person  entitled  thereto,  upon  his  com- 
plying with  the  requirements  of  the  preceding  section,  a deed  for 
the  premises  sold,  conveying  the  same  to  him  in  behalf  of  the  city. 
And  he  shall  make  an  entry,  in  the  record  of  tax  sales,  of  all  deeds 
so  made  and  delivered  by  him,  describing  the  premises  conveyed, 
the  person  to  whom  conveyed,  and  the  date  of  the  deed.f 


MISCELLANEOUS  PEOVISIONS. 

Sec.  43.  The  assessor  and  collector  shall  have  power  to  levy 
and  collect  any  taxes  which  may  remain  due  and  unpaid  after  his 

* See  requirements  of  State  Constitution,  Art,  IX,  Sec.  4. 

t A municipal  corporation  cannot  declare,  by  ordinance,  that  the  deed  for  land  sold 
for  taxes  shall  be  evidence  that  all  the  pre-requisites  of  the  law  have  been  complied  with. 
The  legislature  alone  can  make,  change,  or  alter  the  rule  of  evidence  in  such  cases. — Fitch 
vs.  Pinkard,  4 Scam.  78. 

The  city  charter  provides  that  the  tax  deed  shall  be  evidence  of  certain  facts. — See  char- 
ter, Art,  IX,  Sec.  14. 


238 


ORDINANCES. 


return  or  final  settlement,  at  any  time  and  in  the  same  manner  as 
before  the  return  of  his  warrant.  If  any  person  or  the  personal 
property  of  any  person,  who  shall  have  been  returned  delinquent 
shall  be  afterwards  found,  he  may  levy  and  collect  the  taxes  due 
from  such  person  or  property,  by  distress  or  suit,  as  in  other  cases. 

Sec.  44.  When  the  taxes  due  upon  the  same  property  shall  be 
more  than  once  paid  for  the  same  year  by  different  persons,  the  as- 
sessor and  collector  shall  pay  all  such  surplus  taxes  into  the  city 
treasury,  and  shall  make  return  thereof  to  the  city  council,  with  the 
names  of  the  persons  paying  the  same ; and  he  shall  also  enter  the 
names  of  such  persons  opposite  to  the  description  of  the  property  in 
the  warrant.  * 

Sec.  45.  When  any  property  shall  be  double  assessed,  or  asses- 
sed for  taxation  when  not  subject  thereto,  and  the  taxes  so  errone- 
ously assessed  have  been  paid,  the  city  council  shall,  upon  applica- 
tion being  made  by  the  proper  person,  and  satisfactory  evidence  of 
the  facts,  order  such  taxes  and  the  costs,  if  any,  to  be  refunded  to 
such  person.  And  if  the  asssesor  and  collector,  after  the  payment 
of  the  taxes  due  upon  any  property,  shall  erroneously  sell  such  pro- 
perty for  such  taxes,  he  shall  refund  to  thepurchaser  double  the 
amount  of  the  purchase  money. 

Sec.  46.  If  the  assessor  and  collector  shall  overpay  into  the 
treasury,  the  city  council  shall  order  the  amount  of  such  overpay- 
ment to  he  refunded  to  him. 

Sec.  47.  When  any  real  estate  not  subject  to  taxation,  or  upon 
which  the  taxes  due  have  been  paid  prior  to  the  sale,  shall  be  sold 
for  taxes,  the  city  clerk  shall  make  an  entry  in  accordance  with  the 
facts  upon  the  record  of  tax  sales  opposite  to  the  description  of  the 
property. 

Sec.  48.  No  sale  of  real  property  for  taxes  shall  he  invalid  on 
account  of  the  same  not  being  listed  and  assessed  in  the  name  of 
the  proper  owner  thereof,  if  such  real  estate  shall  be,  in  other  re- 
spects sufficiently  described,  and  the  taxes  thereon  were  due  and 
unpaid  at  the  time  of  the  sale  thereof.  And  in  describing  any  pro- 
perty, or  stating  the  value  thereof,  or  the  amount  of  taxes  due 
thereon,  figures  and  the  usual  abbreviations  may  be  used,  in  any 


STREET  TAXES. 


239 


listj  warrant,  notice,  or  other  proceeding  in  relation  to  the  assess- 
ment or  collection  of  taxes. 

Sec.  49.  In  all  cases  arising  in  the  assessment  of  property  for 
taxation,  or  the  collection  of  taxes  thereon,  not  herein  provided  for, 
the  laws  of  the  state  in  relation  thereto,  so  far  as  the  same  may  be 
applicable,  shall  be  pursued  and  adhered  to. 

Passed  June  17,  1856. 


CHAPTER  XXXIII. 

STREET  TAXES. 

An  Ordinance  in  relation  to  Street  Taxes. 

Section  1.  All  male  residents  of  the  city  over  the  age  of 
twenty-one  years,  and  under  the  age  of  fifty  years,  (not  members 
of  the  city  council  or  registered  firemen,)  shall  labor  not  exceeding 
three  days  in  each  year  upon  the  streets  and  alleys  of  the  city,  in 
the  wards  in  v,^hich  they  may  respectively  reside,  or  pay,  in  lieu 
thereof,  two  dollars  to  the  city  treasurer,  on  or  before  the  first  day 
of  July  annually.* 

Sec.  2.  The  city  supervisor  shall,  at  least  twenty  days  before  the 
first  day  of  July  in  each  year,  by  publishing  an  advertisement,  for 
ten  days,  in  each  daily  newspaper  printed  in  the  city,  and  also  by 
posting  up  printed  hand  bills  in  at  least  five  of  the  most  public 
places  of  each  ward,  cause  notice  to  be  given  to  all  male  residents  of 
each  ward,  subject  to  perform  street  labor,  requiring  them  to  ap- 
pear at  the  time  and  place  designated  in  the  notice,  for  the  purpose 
of  laboring  upon  the  streets  and  alleys  of  their  respective  wards,  or 
to  pay  two  dollars  into  the  city  treasury  in  lieu  of  such  labor,  on  or 

A power  in  a municipal  charter  to  require  all  male  inhabitants  of  the  city  to  labor  on 
the  streets,  alleys,  and  highways  of  the  citjjj  or  to  pay  a tax  in  lieu  thereof,  is  constitu- 
tional.— Alton  YS.  Sawyer,  3 Scam.  127. 


240 


ORDINANCES. 


before  the  first  day  of  July  thereafter.  The  day  or  days  specified 
in  the  notice  during  which  persons  subject  to  labor  are  required  to 
appear  for  the  purpose  of  laboring,  shall  be  at  least  ten  days  prior 
to  the  first  day  of  July.  The  notice  may  be  substantially  as  fol- 
lows, to  wit : 

“notice  to  street  tax  paters. 

“ City  Supervisor’s  Office,  "I 
Springfield, 185 — J 

“ All  male  residents  of  the  city  over  twenty-one  and  under  fifty 
years  of  age,  subject  to  perform  street  labor,  and  residing  in  the  — 

-ward,  are  hereby  notified  and  required  to  appear  at  (the 

mayor’s  office  or  such  other  place  as  may  be  designated,)  at  seven 

o’clock  A.  M.,  on the day  of , (or  between  the — 

and days  of ) instant,  or  next,  with  the  necessary 

implements  for  the  purpose  of  laboring  upon  the  streets  and  alleys 
of  the  city  in  their  ward,  under  the  direction  of  the  undersigned ; 
or  to  pay,  in  lieu  of  such  labor,  two  dollars  into  the  city  treasury, 
on  or  before  the  first  day  of  July  next.  And  if  the  street  labor 
shall  not  be  performed,  or  two  dollars  paid  in  lieu  thereof,  as  is 
herein  required,  three  dollars  will  be  charged  and  collected  by  the 
assessor  and  collector. 

A.  B.,  City  Supervisor.” 

Notification  to  the  residents  of  two  or  more  wards,  or  of  all  the 
wards,  may  be  given  and  embraced  in  the  same  notice  ; and  if  the 
supervisor  shall  neglect  to  give  notice  as  is  herein  requii’ed,  he 
shall  be  liable  to  the  city  for  all  loss  that  may  occur  from  such 
neglect. 

Sec.  3.  The  city  supervisor  shall  attend  at  the  time  and  place 
mentioned  in  his  notice,  and  shall  direct  and  supervise  such  persons 
as  may  appear  for  the  purpose  of  performing  street  labor  in  their 
respective  wards ; and  to  all  such  as  shall  diligently  labor  upon  the 
streets  or  alleys,  under  his  direction  or  supervision,  for  three  days, 
he  shall  give  his  receipt,  stating  the  fact.  He  shall  not  receipt  for 
or  receive  any  money  in  lieu  of  labor,  from  any  person,  nor  shall 
he  transfer  his  duties  as  supervisor  to  any  other  person. 

Sec.  4.  He  shall,  on  or  before  the  tenth  day  of  July  in  each 


STREET  TAXES. 


241 


year,  make  out  and  return  to  the  city  clerk  an  alphabetical  list  of 
all  persons  who  have  labored  for  three  days  upon  the  streets  and 
alleys,  with  the  number  of  the  ward  in  which  such  persons  reside, 
designated  with  the  proper  figure  opposite  to  their  respective 
names,  and  with  his  certificate  attached  in  the  following  form,  to 
wit:  The  undersigned,  city  supervisor  of  the  city  of  Springfield, 

hereby  certifies,  that  the  persons  whose  names  appear  on  the  fore- 
going list  have  diligently  labored  for  three  days  upon  the  streets 
and  alleys  of  their  respective  wards,  under  my  supervision,  and 
that  I have  not  receipted  for  or  received  any  money  in  lieu  of  labor, 
nor  transferred  my  duties  to  any  other  person. 

A.  B.,  City  Supervisor.” 

Sec.  5.  The  city  clerk  shall,  by  the  first  Monday  of  August  in 
each  year,  unless  further  time  shall  be  given,  make  out  and  return 
to  the  city  council,  an  alphabetical  list  of  all  persons  whose  names 
appear  upon  the  poll  books  of  the  last  general  city  election,  with 
the  ward  in  which  each  resides,  designated  with  the  proper  figure 
or  number  thereof  set  opposite  to  his  name,  omitting  such  persons 
as  have  performed  street  labor  or  paid  the  tax  in  lieu  thereof,  and 
adding  the  names  of  such  persons  chargeable  with  street  taxes  as 
he  may  be  able  to  ascertain,  and  shall  charge  three  dollars  to  each 
person  upon  such  list.  He  shall  also  examine  the  delinquent  street 
tax  lists  for  any  prior  year,  or  years,  and  shall  enter  and  charge 
any  street  taxes  due  for  any  such  prior  year  which  he  may  deem 
collectable,  noting  the  year  for  which  the  same  is  due. 

Sec.  6 The  city  council,  Avhen  the  street  tax  list  shall  be  return- 
ed by  the  city  clerk,  shall  examine  the  same,  and  may  direct  to  be 
added  thereto,  the  names  of  such  persons  as  they  may  ascertain  to 
be  liable  for  street  taxes,  or  direct  the  names  of  such  persons  as  are 
not  liable,  to  be  erased  from  the  list ; and  upon  the  approval  thereof, 
shall,  by  the  passage  of  an  order,  direct  a warrant  to  be  issued  for 
the  collection  of  the  street  taxes  therein  charged. 

Sec.  7.  The  city  clerk  shall,  without  delay,  after  the  passage 
of  the  order,  make  out  a warrant  for  the  collection  of  the  street 
taxes,  signed  by  himself  and  the  mayor,  under  the  corporate  seal, 
returnable  within  ninety  days  from  the  date  thereof,  and  shall  attach 
31 


242 


ORDINANCES. 


the  same  to  the  street  tax  list,  and  deliver  them  to  the  assessor  and 
collector,  taking  duplicate  receipts  from  him,  for  the  amount  thereof, 
one  of  which  shall  be  filed  with  the  treasurer,  and  they  shall  each 
charge  the  assessor  and  collector  with  the  full  amount  thereof.  The 
warrant  may  be  substantially  as  follows,  to-wit : 

State  of  Illinois, 

City  of  Springfield. 

The  People  of  the  State  of  Illinois  to  the  city  assessor  and  col- 
lector of  the  city  of  Springfield,  greeting  : 

Whereas,  the  several  persons  whose  names  appear  upon  the  attach- 
ed list,  have  failed  to  appear  and  labor  upon  the  streets  and  alleys 
of  the  city,  in  their  respective  wards,  or  to  pay  two  dollars  in  lieu 
thereof,  after  being  duly  notified  thereof,  as  required  by  law.  Now, 
therefore,  you  are  hereby  commanded  to  make,  levy,  and  collect,  of 
the  goods  and  chattels  of  the  persons  above  named,  the  sum  of  money 
set  opposite  to  the  name  of  each,  as  his  street  taxes,  due  for  the 
municipal  year  185 — , and  make  due  return  in  what  manner  you 
shall  execute  this  warrant,  within  ninety  days  from  the  date 
hereof. 

Witness,  A.  B.,  mayor  of  the  city  of  Spring- 

[L.  S.*]  field,  and  the  corporate  seal  thereof,  this 

day  of A.  D.,  185 — . 

A.  B.,  Mayor. 

C.  D.,  City  Clerk. 

Sec.  8.  The  city  assessor  and  collector,  shall  collect  the  street 
taxes  due,  with  his  commission  of  four  per  cent,  upon  the  amount 
thereof,  for  collecting  the  same  added  thereto,  in  the  same  manner, 
and  with  the  same  powers  as  taxes  due  upon  personal  property  are 
collected.  lie  shall  add  to  the  list  the  names  of  such  persons  as  he 
may  ascertain  to  be  liable  for  street  taxes  for  the  current,  or  any 
former  year,  and  may  collect  the  street  taxes  due  from  such  persons, 
in  the  same  manner  as  if  they  had  been  originally  listed  by  the  city 
clerk.  Upon  the  receipt  of  street  taxes,  he  shall  mark  the  word 

paid  ” opposite  to  the  name  of  the  person  paying  the  same,  and 
shall  give  him  a receipt  therefor,  stating  the  w^ard,  and  the  year  for 
which  it  is  paid.  He  shall  also  note  upon  his  list,  the  names  of  all 


STREET  TAXES. 


243 


persons  he  may  be  unable  to  find,  and  the  names  of  all  persons  not 
subject  to  street  taxes,  with  the  reason  of  such  exemption  ; and  upon 
the  approval  of  his  return  by  the  city  council,  he  shall  be  credited 
w'ith  such  portion  of  the  list  as  may  be  uncollectable.  His  return 
shall  be  made  upon  oath  that  it  is  “ true  to  the  best  of  his  knowledge 
and  belief,  ” and  may  be  substantially  as  follows,  to  wit : 

City  Assessor’s  and  Collector’s  Office  ) 

Springfield, 185 — J 

To  the  city  council  of  the  city  of  Springfield  : the  undersigned^ 
city  assessor  and  collector  of  the  city  of  Springfield,  makes  return 
of  the  foregoing  warrant,  that  he  has  collected  the  several  amounts 
of  street  taxes  of  the  several  persons  charged  therewith,  in  the  list 
annexed  thereto,  opposite  to  whose  names  the  word  paid  ” is  writ- 
ten ; that  he  has  made  demand  of  all  the  other  persons  whose  names 
appear  upon  said  list,  so  far  as  he  has  been  able  after  diligent  search 
to  find  them ; that  he  has  entered  upon  such  list  the  names  of  all 
persons  liable  for  street  taxes,  so  far  as  he  has  been  able  with  dili- 
gence to  ascertain  the  same : that  he  has  not  received  any  money 
for  street  taxes  due,  of  any  person  not  entered  upon  such  list,  and 
marked  paid  : that  he  has  been  unable  to  find  the  persons  marked 
not  found ’’ opposite  to  their  respective  names  : that  the  persons 
noted  in  the  list  are  to  the  best  of  his  belief  not  subject  to  street 
taxes,  for  the  reasons  specified  opposite  to  their  respective  names ; 
and  that  he  has  not  been  able  to  collect  the  street  taxes  due  from 
the  persons  liable  therefor,  not  marked  paid  on  the  list,  or  to  find 
any  personal  property  belonging  to  them,  or  either  of  them,  out  of 
which  such  taxes  could  be  made.  He  therefore  returns  the  said 
warrant,  unsatisfied  as  to  all  street  taxes  due,  and  not  marked 
paid  on  the  list  annexed  thereto. 

, city  assessor  and  collector. 

Sec.  9.  Street  taxes  due  may  also  be  collected  of  the  person 
liable  therefor,  at  any  time  before  or  after  the  return  of  the  warrant, 
by  suit  in  the  name  of  the  city  before  any  court  having  jurisdiction  ; 
and  the  city  council  may  order  suit  to  be  brought  against  all  persons 
for  the  collection  of  delinquent  street  taxes,  or  such  part  thereof  as 
may  be  collectable. 

Passed  May  22,  1856. 


244 


ORDINANCES. 


CHAPTER  XXXIV. 

TOWN  BRANCH. 

An  Ordinance  in  relation  to  the  Town  Branch. 

Section  1.  Xo  person  shall  obstruct,  fill  up,  or  change  the 
channel  of  the  town  branch,  or  of  any  other  branch  or  natural  drain 
within  the  city,  without  the  consent  of  the  city  council,  under  a 
penalty  of  not  less  than  ten  dollars,  and  a like  penalty  for  each  day 
the  same  may  he  continued. 

Sec.  2.  Any  person  who  shall  desire  to  fill  up,  straighten,  or 
otherwise  change  the  channel  of  any  branch  or  natural  drain,  or  any 
part  thereof,  shall  apply  to  the  city  council  for  permission  therefor, 
and  the  same  shall  be  done  in  such  manner  as  they  shall  direct. 

Sec.  3.  The  city  engineer,  when  required  by  the  city  council, 
shall  survey,  and  make  out  a plat  of  any  branch  or  natural  drain, 
and  report  the  same,  with  his  plans  for  filling  up,  changiug,  straight- 
ening, or  sewering,  to  the  city  council ; and  when  the  same  shall  be 
approved  by  them,  all  filling  up,  changing,  or  sewering  of  the  channel 
of  any  such  branch  or  natural  drain,  shall  be  done  in  accordance 
therewith  ; and  all  straightening  or  changing  of  the  channels  of  such 
branches  and  natural  drains,  shall  be  made  with  reference  to  the 
future  sewering  of  the  same,  if  practicable.  The  city  engineer  shall 
superintend  the  filling  up  or  changing  of  the  channels  of  branches 
or  natural  drains,  and  shall  see  that  it  is  done  properly, — and  the 
construction  of  all  sewers  therein,  and  see  that  they  are  securely 
built,  and  of  sufficient  capacity  to  carry  off  the  water. 

Passed  August  13,  1856. 


An  Ordinance  relative  to  the  Town  Branch. 

II. 

Section  1.  That  the  town  branch  through  Bullock’s  addition  to 
the  city,  commencing  at  the  north  line  of  Adams  street,  and  ending 
at  the  south  line  of  Washington  street,  is  hereby  established  as 


TRANSIENT  TRADERS. 


245 


follows,  to  wit:  Beginning  (in  the  center  of  the  channel  of  said 
branch, ) at  a point  eleven  feet  south,  eighty-eight  degrees  east,  from 
the  south-west  corner  of  lot  No.  twenty-six  of  said  addition,  and 
running  thence  in  a straight  line  to  a point  eleven  feet  north,  eighty- 
eight  degrees  west,  from  the  north-east  corner  of  lot  No.  twenty-seven 
in  said  addition,  as  shown  by  the  plat  of  the  same,  recorded  in  the 
office  of  the  recorder  of  Sangamon  county. 

Sec.  2.  The  city  engineer  and  surveyor  is  hereby  directed  to 
enter  a copy  of  the  plat  of  said  branch,  as  the  same  is  herein  estab- 
lished upon  the  city  record  of  grades,  ” in  his  office. 

Passed  October  29,  1855. 


CHAPTER  XXXV. 

TRANSIENT  TRADERS. 

An  Ordinance  regulating  and  licensing  Transient  Traders. 

Section  1.  No  transient  trader  shall  within  the  city,  sell  or 
barter  by  retail,  or  shall  offer  or  expose  for  sale  or  barter  by  retail, 
either  by  sample  or  other  specimen,  or  by  list,  catalogue  or  otherwise, 
any  goods,  wares  or  merchandise,  not  being  agricultural  products, 
or  articles  manufactured  within  this  State,  whether  such  trader  be 
the  maker  or  manufacturer  thereof  or  not,  without  a license  therefor, 
under  a penalty  of  not  less  than  fifty  dollars  in  each  case. 

Sec.  2.  For  a license  to  a transient  trader  to  sell  goods,  wares 
and  merchandise  under  the  provisions  hereof,  there  shall  be  taxed 
and  collected  five  per  cent,  upon  the  value  of  the  goods,  wares  and 
merchandise  owned  by,  or  in  the  possession  of  such  person,  as  his 
stock  in  trade.  Such  value  to  be  stated  in  his  application  for  a 
license,  and  ascertained  and  verified  by  the  oath  of  the  applicant ; 
and  if  the  mayor  and  clerk  shall  not  be  satisfied  with  such  valuation, 
they  may  appoint  any  two  disinterested  and  reputable  merchants  of 
the  city,  to  fix  the  value  of  the  goods,  wares  and  merchandise  of 


246 


ORDINANCES. 


such  transient  trader,  and  the  valuation  so  fixed  bj  them  shall  be 
final  and  conclusive. 

Sec.  3.  No  person  or  copartnership  of  persons  shall,  under  or 
in  his  or  their  name,  or  firm,  or  at  his  or  their  place  of  business,  or 
elsewhere,  within  the  city,  suffer  or  permit  any  transient  trader  to 
sell  or  barter,  or  to  expose  or  offer  for  sale  or  barter  by  retail,  either 
by  sample  or  other  specimen,  or  by  list,  catalogue  or  otherwise,  any 
goods,  wares  or  merchandise,  contrary  to  the  provisions  hereof,  under 
a penalty  of  not  less  than  fifty  dollars. 

Sec.  4.  The  term  “ transient  trader,  ” shall  be  construed  to  mean 
any  person  not  permanently  transacting  business  within  the  city, 
and  not  paying  all  city  taxes  upon  his  stock  in  trade,  regularly  and 
legally  assessed  and  collected,  upon  the  stock  in  trade  of  permanent 
merchants  and  traders. 

Passed  September  17,  1857. 


CHAPTER  XXXVI. 

TREASURY  DEPARTMENT. 

An  Ordinance  establishing  and  regulating  the  Treasury  Department. 

Section  1.  The  city  clerk  shall  audit  all  accounts  allowed  by 
the  city  council,  and  correct  any  errors  that  may  be  found  therein, 
and  upon  ascertaining  the  amount  due,  he  shall  draw  his  warrant 
upon  the  city  treasury  therefor,  signed  by  the  mayor  and  counter- 
signed by  him.* 

He  shall  keep,  in  a suitable  book,  an  accurate  list  of  all  warrants 
drawn  on  the  treasury,  stating  the  date,  number,  and  amount 
thereof,  and  the  name  of  the  person  in  whose  favor  drawn  ; and  he 
shall  take  the  receipt  of  such  person  for  the  warrant  upon  the  de- 
livery thereof. 

A city  warrant  or  order  may  be  pleaded  as  a set  off  in  a suit  brought  by  the  city 
against  the  holder  thereof,  to  recover  a penalty  under  the  ordinances  of  the  city. — Spring- 
field  vs.  Hickox,  2 Gil.  Rep.  241. 


TREASURY  DEPARTMENT. 


247 


Sec.  2.  The  city  clerk  shall  keep  a day-book,  journal,  and  led- 
ger, and  such  other  books  as  may  be  necessary,  and  shall  keep  all 
accounts  pertaining  to  the  finances  of  the  city  by  double  entry. 

He  shall  keep  an  accurate  account  with  all  city  officers  and 
others  collecting  or  receiving  any  moneys,  property,  or  claims  on 
account  of  the  city,  charging  them  with  all  moneys  or  property  re- 
ceived by  them,  or  claims  placed  in  their  hands  for  collection,  and 
crediting  them  with  all  moneys  paid  into  the  treasury,  upon  their 
filing  the  treasurer’s  receipts,  or  with  accounts  or  claims  uncollect- 
able, or  other  proper  credits,  upon  filing  the  proper  vouchers.  The 
treasurer  shall  be  credited  with  all  warrants  cancelled  and  returned. 

Sec.  3.  The  clerk  shall  keep  a detailed  and  specific  account  of 
the  city  revenue,  keeping  an  account  with  each  separate  fund,  credit- 
ing the  same  with  all  receipts,  and  charging  it  with  all  appropriations 
or  warrants  drawn  thereon. 

lie  shall  keep  an  accurate  account  of  all  debts  due  by,  or  owing  to 
the  city,  and  shall  keep  a bill  book  in  which  he  shall  enter  a correct 
list  of  all  bonds,  notes,  or  other  obligations  given  by  or  payable  to 
the  city,  with  the  date  thereof,  the  person  to  whom  or  by  whom  owing 
or  payable,  and  the  rate  of  interest,  and  the  time  and  manner  in  which 
the  principal  and  interest  are  payable,  and  such  other  particulars  as 
mny  be  necessary  to  a full  understanding  of  the  tenor  thereof. 

He  shall  charge  each  warrant  to  the  fund  or  appropriation  on 
which  it  is  drawn. 

Sec.  4.  The  city  treasurer  shall  keep  a day-book,  journal  and 
ledger,  and  such  other  books  as  may  be  necessary,  and  shall  keep 
by  double  entry  an  accurate  account  of  all  moneys  received  and 
disbursed  by  him  on  account  of  the  city,  stating  from  whom  and  on 
what  account  received,  and  to  whom  and  on  what  account  paid. 

He  shall  keep  an  accurate  account  with  each  separate  fund,  or 
general  appropriation,  and  of  the  debits  and  credits  properly  belong- 
ing: thereto. 

D 

He  shall  keep  an  accurate  list  of  all  warrants  received  or  redeemed 
by  him,  stating  the  date,  number,  and  amount  thereof,  to  whom 
issued,  and  from  whom  and  the  date  when  received. 

He  shall  cancel  all  warrants  as  soon  as  received  by  him. 


248 


ORDINANCES. 


Sec.  5.  He  shall,  on  the  first  Monday  of  each  month,  report  to 
the  city  council  an  accurate  statement  of  all  receipts  and  payments 
for  the  preceding  month,  and  return  all  warrants,  cancelled,  to  the 
city  clerk,  taking  his  receipt  therefor ; and  the  clerk  shall  credit 
him  with  the  amount  of  such  warrants. 

No  warrant  shall  be  paid  by  the  treasurer,  except  to  the  person 
to  whom  the  same  is  payable,  or  to  his  executor,  administrator,  or 
assignee,  indorsed  thereon.  And  if  he  shall  receive  any  warrant 
contrary  to  this  provision,  he  shall  he  liable  for  all  loss  that  may 
occur  thereby. 

Sec.  6.  The  city  treasurer  shall  give  duplicate  receipts  to  the 
officer  or  person  paying  any  moneys  into  the  treasury  on  account 
of  the  city,  one  of  which  shall  he  filed  with  the  city  clerk,  who 
shall  charge  and  credit  the  proper  accounts  therewith. 

lie  shall  receive  no  payment  of  money  or  warrants  unless  upon 
the  order  of  the  city  clerk,  which  he  shall  file  and  preserve. 

No  receipt  shall  be  valid  unless  the  duplicate  thereof  shall  be  filed 
with  the  city  clerk. 

Sec.  7.  When  any  warrant  shall  be  lost  or  destroyed,  so  that 
it  cannot  be  presented  for  payment  by  the  person  entitled  thereto, 
the  city  clerk  may  issue  to  the  person  entitled  to  receive  payment 
of  such  warrant,  a duplicate  thereof,  upon  his  filing  the  proper  affi- 
davit of  the  loss  or  destruction  thereof,  and  shall  certify  the  same  to 
the  treasurer,  who  shall  pay  such  duplicate  warrant.  But  if  it  shall 
appear  from  the  affidavit  that  the  warrant  was  assigned  in  blank,  or 
negotiable,  the  clerk  shall  not  issue  a duplicate  until  the  person 
claiming  payment  of  the  warrant  shall  give  bond  or  other  writing, 
with  satisfactory  security,  to  refund  the  amount  of  the  warrant,  and 
pay  all  costs  and  charges,  in  case  the  original  warrant  shall  be 
presented,  and  the  city  may  legally  be  compelled  to  pay  the  same. 

Sec.  8.  Whenever  any  city  officer  shall  neglect  or  refuse  to 
pay  over  any  moneys,  or  to  make  proper  settlement  of  his  accounts, 
or  of  any  claim  of  the  city  placed  in  his  hands  for  collection  as 
required  by  ordinance,  or  whenever  upon  the  adjustment  of  the 
account  of  any  city  officer,  any  moneys  shall  be  found  due  by  him 
to  the  city,  and  the  same  shall  not  be  immediately  paid  into  the 


TREASURY  DEPARTMENT. 


249 


city  treasury,  and  the  treasurer’s  receipt  therefor  filed  with  the  city 
clerk,  the  city  clerk  shall  forthwith  report  such  officer,  with  an 
abstract  of  his  account,  to  the  city  council,  who  shall,  by  an  order, 
require  him  to  make  proper  settlement  of  his  accounts,  or  of  all 
claims  of  the  city  placed  in  his  hands  for  collection,  and  to  pay  into 
the  city  treasury  without  delay,  all  moneys  due  the  city,  and  to 
return  to  the  city  clerk  all  claims  in  his  hands.  Notice  of  such 
order  shall  be  given  to  such  officer,  and  to  his  sureties,  by  the  mayor, 
and  upon  his  default  to  comply  therewith,  suit  may  be  brought  upon 
his  official  bond  for  the  amount  with  'which  he  stands  charged,  or 
such  other  measures  may  be  taken  as  will  secure  the  city  from  loss. 
An  abstract  of  the  account  of  such  officer,  certified  to  by  the  city 
clerk  under  the  corporate  seal,  shall  be  delivered  to  the  city  attorney, 
and  shall  be  sufficient  to  commence  suit  against  such  ofiicer  and  his 
sureties  upon  his  official  bond,  before  any  court  having  jurisdiction. 

Sec.  9.  No  account  shall  be  allowed,  or  warrant  drawn  in  favor 
of  any  person  indebted  to  the  city,  or  of  his  assignee,  except  for 
the  balance  which  may  be  due  over  and  above  the  amount  due  the 
city. 

Sec.  10.  The  committee  on  finance  shall  prescribe  the  manner 
in  which  the  books  and  accounts  of  all  city  officers  shall  be  kept,  in 
order  to  establish  uniformity  therein.  They  shall,  at  least  quarterly 
examine  the  books,  accounts,  and  papers  of  all  city  officers,  and  see 
that  they  are  properly,  regularly,  and  neatly  kept  and  preserved, 
and  that  the  books  and  papers  belonging  to  the  offices  of  the  clerk, 
treasurer,  and  assessor  and  collector,  are  secure  from  loss  or  accident 
by  fire ; and  they  shall  report  to  the  city  council  any  neglect  or 
refusal  on  the  part  of  any  city  officer  to  keep  his  books  or  accounts 
properly,  or  to  preserve  any  papers  pertaining  to  his  office.  Any 
officer  who  shall  neglect  or  refuse  to  keep  his  books  or  accounts,  or 
to  preserve  any  papers  pertaining  to  his  office,  as  required  by  ordi- 
nance, or  in  such  manner  as  the  committee  on  finance  shall  prescribe, 
may  be  removed  from  office  for  incompetency. 

Sec.  11.  The  committee  on  finance  shall,  on  or  before  the  third 
Monday  preceding  the  first  Monday  of  April  in  each  year,  make 
settlement  with  all  city  officers,  and  final  settlement  at  the  expiration 
32 


250 


ORDINANCES. 


of  their  terms  of  oflSce,  and  report  the  same  to  the  city  council.  If 
they  shall  be  unable  to  make  settlement  with  any  officer,  they  shall 
state  the  fact,  and  the  causes  which  prevent  such  settlement. 

Sec.  12.  The  city  clerk  shall  annually,  on  the  third  Monday 
preceding  the  first  Monday  of  April,  report  to  the  city  council  an 
accurate  statement  of  all  receipts  and  expenditures  since  the  last 
annual  report,  showing  for  what  purposes  received,  and  for  what 
objects  expended, — the  amount  of  general  taxes  received  from  each 
ward,  and  the  amount  expended  for  local  improvements  in  the  same, 
the  debt  due  or  owing  by,  and  amounts  owing  to  the  city,  and  the 
object  or  purpose  for  which  created  or  owing,  and  such  other  matters 
as  may  be  necessary  to  a full  understanding  of  the  financial  condi- 
tion of  the  city. 

Sec.  13.  The  city  treasurer  shall,  on  the  third  Monday  preceding 
the  first  Monday  of  April  annually,  report  to  the  city  council  a full 
and  complete  statement  of  the  transactions  of  his  office  since  the 
last  annual  report,  showing  the  amount  of  all  revenues  and  expen- 
ditures, the  sources  from  whence  derived,  and  the  purposes  for 
which  expended  or  appropriated,  and  the  state  of  the  treasury. 

Any  other  city  officer,  if  required,  shall  report  to  the  city  council 
at  the  same  time,  a complete  statement  of  the  transactions  of  his 
office  for  the  preceding  year. 

Sec.  14.  The  fiscal  year  of  the  city  shall  commence  on  the 
third  Monday  preceding  the  first  Monday  of  April  in  each  year. 
Passed  May  22,  1856. 


TREES. 


251 


CHAPTER  XXXVII. 

TREES. 

An  Ordinance  in  relation  to  Trees. 

Section  1.  All  shade  or  ornamental  trees  placed  along  any 
street,  shall  be  planted  on  a line  two  feet  inside  of  the  outer  edge  of 
the  sidewalk  or  curbing,  as  defined  and  established  by  the  ordinance 
relating  to  sidew'alks.  But  no  trees  shall  be  planted  on  any  side- 
walk less  than  eight  feet  in  width.  Whoever  shall  plant  or  cause 
to  be  planted  any  tree  upon  any  street  or  sidewalk  contrary  to  the 
provisions  hereof,  shall  be  subject  to  a penalty  of  not  less  than  one 
dollar  for  each  tree  planted,  and  the  city  supervisor  or  any  police 
officer  shall  cause  such  tree  or  trees  to  be  removed,  and  may  collect 
the  costs  of  such  removal  of  the  person  liable  therefor  with  the  pen- 
alty, or  in  a separate  suit  in  the  name  of  the  city. 

Sec.  2.  All  trees  shall  be  kept  trimmed  up  so  as  not  to  incom- 
mode or  obstruct  the  passage  of  persons  along  any  sidewalk  or 
street,  and  all  trees  within  the  lamp  district  shall  be  kept  trimmed 
up  so  as  not  to  obstruct  the  light  from  the  street  lamps  along 
the  streets  or  sidewalks,  and  if  the  owner  or  occupant  of  the  pre- 
mises, upon,  fronting,  or  adjoining  which  such  trees  are  situated, 
shall,  after  notice  by  any  city  officer,  neglect  or  refuse  to  trim  up 
the  same  as  is  herein  required,  the  mayor  shall,  without  delay,  cause 
such  trees  to  be  trimmed  up,  and  such  owner  or  occupant  shall  be 
subject  to  a penalty  of  one  dollar  for  each  tree  he  shall  so  neglect 
or  refuse  to  trim  after  such  notice,  and  the  costs  of  trimming  the 
same  may  be  cpllected  and  recovered  with  the  penalty,  or  in  a se- 
parate suit  in  the  name  of  .the  city. 

Sec.  3.  Whoever  shall  willfully,  maliciously,  or  negligently 
break,  cut,  or  otherwise  injure,  deface,  or  destroy,  any  shade  or  or- 
namental tree  upon  any  sidewalk  m private  premises,  shall  be  sub- 
ject to  a penalty  of  not  less  than  three  dollars  in  each  case. 

Passed  May  22,  1856. 


252 


ORDINA^vCES. 


CHAPTER  XXXYIII. 

VEHICLES. 

An  Ordinance  licensing  and  regulating  Hackney  Carriages  and  other  Vehicles. 

Sec.  1.  Xo  person  shall  pursue  the  occupation  of  carrying  persons 
for  hire,  in  any  hackney  carriage  or  other  vehicle,  from  one  place 
to  another,  within  the  city,  or  shall  keep,  own,  or  use  any  hackney 
carriage  or  other  vehicle,  for  the  purpose  of  carrying  passengers 
for  hire,  from  one  place  to  another  within  the  city,  without  a license 
therefor,  under  a penalty  of  not  less  than  three  dollars  for  each 
person  so  carried  for  hire  without  license.  But  the  letting  of  carri- 
ages for  hire  by  the  owners  or  keepers  of  livery  stables  in  the  ordi- 
nary manner,  and  in  the  pursuit  of  their  ordinary  business,  shall  not 
. he  deemed  a violation  hereof. 

Sec.  2,  For  a license  to  carry  passengers  for  hire  in  a hackney 
carriage  or  other  vehicle  within  the  city,  there  shall  be  taxed  and 
collected,  ten  dollars  for  one  year,  and  six  dollars  for  six  months. 
But  no  such  license  shall  be  issued  to  any  minor  or  non-resident  of 
the  citv. 

Sec.  3.  The  owner  or  driver  of  any  licensed  hackney  carriage 
or  other  vehicle,  (except  omnibuses,)  may  charge  and  receive  for 
the  carriage  of  passengers,  (the  distance  to  be  estimated  by  the 
most  direct  or  eligible  route,)  as  follows: — For  the  carriage  of  any 
passenger,  not  exceeding  one  mile,  not  exceeding  fifty  cents ; for 
each  additional  passenger  of  the  same  family  or  party,  not  exceeding 
twenty-five  cents  ; for  conveying  any  passenger  exceeding  one  mile, 
and  any  distance  within  the  city,  not  exceeding  one  dollar  ; for  each 
additional  passenger  of  the  same  family  or  party,  not  exceeding 
twenty-five  cents  ; for  the  carriage  of  children  under  the  age  of  five 
years,  when  accompanying  other  passengers,  no  extra  charge  shall 
be  made ; and  for  carrying  children  between  the  ages  of  five  and 
fourteen  years,  when  in  company  with  adult  passengers,  not  exceed- 
ing one  half  the  rates  for  additional  adult  passengers  may  be  charged : 
for  the  use,  by  the  day,  of  any  hackney  carriage,  or  other  like 


WARDS. 


253 


vehicle,  with  one  or  more  passengers,  not  exceeding  five  dollars  ; for 
the  use  of  any  such  carriage  or  vehicle  by  the  hour,  with  one  or 
more  passengers,  with  the  right  of  going  from  place  to  place,  and 
stopping  as  often  as  may  be  required,  for  the  first  hour  not  exceed- 
ing one  dollar  and  a half,  for  the  second  hour  not  exceeding  seventy- 
five  cents,  and  for  each  succeeding  hour  not  exceeding  fifty  cents. 

Sec.  4.  No  owner  or  driver  of  any  hackney  carriage  or  other 
vehicle  licensed  as  aforesaid,  shall,  when  requested,  (unless  actually 
employed  at  the  time,)  refuse  to  carry  any  passenger,  or  having 
undertaken  to  convey  any  passenger,  shall  refuse  or  neglect  to  carry 
him  or  her  as  requested,  or  shall  ask,  take,  charge  or  extort  from 
any  passenger,  desiring  to  be  or  having  been  conveyed  by  him  to 
any  place  within  the  city,  any  greater  sum  or  rate  of  charges  than 
is  herein  specified  for  the  carriage  of  any  passenger  or  passengers, 
under  a penalty  of  not  less  than  three  dollars  in  each  case. 

Sec.  5.  Each  person  licensed  under  the  provisions  hereof,  shall, 
at  all  times,  keep  a certified  copy  of  the  third  section  hereof,  and 
shall  produce  the  same  for  the  inspection  of  any  person  employing 
him,  or  desiring  to  employ  him,  who  shall  demand  the  same,  under 
a penalty  of  not  less  than  three  dollars.  And  if  any  such  person 
so  licensed,  shall  produce  to  any  person  employing  him,  or  desiring 
to  employ  him,  a false  copy  thereof,  he  shall  be  subject  to  a penalty 
of  not  less  than  twenty-five  dollars. 

Passed  June  25,  1857. 


CHAPTER  XXXIX. 
wards. 

An  Ordinance  defining  the  wards  of  the  city. 

Section  1.  The  city  shall  be  divided  into  four  wards  as  follows, 
to  wit : 

The  district  bounded  by  the  city  limits  on  the  east  and  north, 


254 


ORDINANCES. 


and  on  the  west  and  south  bj  a line  commencing  at  the  center 
point  of  intersection  of  Washington  and  Fifth  streets,  and  running 
thence  along  the  center  of  said  streets  east  and  north,  to  the  city 
limits,  shall  constitute  the  first  ward. 

The  district  bounded  by  the  city  limits  on  the  north  and  west, 
and  on  the  east  and  south  by  a line  commencing  at  the  center  point 
of  intersection  of  Washington  and  Fifth  streets,  and  running  thence 
along  the  center  of  said  streets  west  and  north  to  the  city  limits, 
shall  constitute  the  second  ward. 

The  district  bounded  by  the  city  limits  on  the  south  and  west, 
and  on  the  east  and  north  by  a line  commencing  at  the  center  point 
of  intersection  of  Washington  and  Sixth  streets,  and  running  thence 
along  the  center  of  said  streets  west  and  south  to  the  city  limits, 
shall  constitute  the  third  ward. 

The  district  bounded  by  the  city  limits  on  the  south  and  east, 
and  on  the  north  and  west  by  a line  commencing  at  the  center  point 
of  intersection  of  Washington  and  Sixth  streets,  and  running  thence 
along  the  center  of  said  streets  east  and  south  to  the  city  limits, 
shall  constitute  the  fourth  ward. 

Passed  May  22,  1856. 


CHAPTER  XL. 

PUBLIC  WORKS. 

An  Ordinance  in  relation  to  the  Public  Works  and  Improvements  of  the  city. 

Section  1.  Before  any  public  work  or  improvement  shall  be 
ordered  by  the  city  council,  the  probable  cost  thereof  shall  be  as- 
certained, and  at  the  time  of  the  ordering  thereof  an  appropriation 
shall,  if  practicable,  be  made  sufficient  to  complete  the  same. 

Sec.  2.  When  any  public  work  or  improvement  shall  be  or- 
dered by  the  city  council,  the  probable  cost  of  which  shall  exceed 
fifty  dollars,  unless  otherwise  specially  directed  in  the  order,  it 


PUBLIC  WORKS. 


255 


shall  be  let  by  contract  to  the  lowest,  most  reasonable  and  respon- 
sible bidder.  The  mayor  shall  give  notice  of  the  letting  of  any  such 
work  by  publishing,  for  six  days  at  least,  an  advertisement  in  the 
newspaper  publishing  the  ordinances  of  the  city,  stating  as  specifi- 
cally as  may  be  the  nature  of  the  work,  the  place  where  specifica- 
tions may  be  seen,  and  the  time  when  bids  will  be  received  and 
opened.  The  bids  or  proposals  for  any  contract  shall  be  signed  by 
the  persons  bidding,  and  inclosed  in  a sealed  envelop,  and  shall,  on 
the  day  named  in  the  notice,  at  the  hour  of  twelve  o’clock  noon, 
be  opened  by  the  mayor,  in  the  presence  of  such  of  the  bidders  as 
may  attend ; and  with  the  concurrence  of  the  city  engineer,  and 
the  proper  committee,  after  examination  of  all  the  bids,  he  shall 
award  the  contract  to  the  lowest,  most  reasonable  and  responsible 
bidder. 

Sec.  3.  The  performance  of  the  contract  shall  be  secured  by 
bond  in  double  the  contract  price,  conditioned  for  the  faithful  per- 
formance of  the  contract  according  to  the  terms  thereof,  and  with 
such  surety  or  sureties  as  may  be  approved  by  the  mayor,  and  when 
the  contract  shall  exceed  one  thousand  dollars,  at  least  two  sureties 
shall  be  required.  Each  bid  shall  be  accompanied  w'ith  a state- 
ment signed  by  the  persons  offered  as  sureties,  declaring  their  will- 
ingness to  become  such  sureties  in  case  the  contract  is  awarded  to 
such  bidder,  and  guaranteeing  that  he  shall,  in  case  the  contract  is 
awarded  him  on  his  bid,  enter  into  bond  as  is  herein  required,  to 
perform  the  same  according  to  the  terms  of  his  bid.  The  notice 
given  by  the  mayor  shall  state  these  facts.  No  member  of  the  city 
council,  or  other  city  officer,  shall  be  a surety  for  any  contractor  or 
other  person,  upon  any  bond  to  or  contract  with  the  city. 

Sec.  4.  If  any  bidder  shall  fail  to  give  bond,  and  enter  into 
contract  as  is  herein  required,  the  contract  may  be  awarded  to  the 
next  lowest  and  most  reasonable  bidder,  or  if  it  shall  be  deemed 
best  not  to  accept  any  bid  made,  on  account  of  its  being  considered 
unreasonable,  or  not  made  in  accordance  with  the  requirements 
hereof,  or  the  terms  thereof  not  being  sufficiently  specific,  such  bids 
may  be  rejected  and  new  notice  given  for  proposals,  as  may  be 
deemed  best  for  the  interests  of  the  city. 


256 


ORDINANCES. 


If  the  sureties  offered  by  any  bidder  shall  not  be  approved,  he 
may  obtain  others  who  will  be  approved ; and  if  any  bid  shall  not 
be  considered  sufficiently  specific,  the  bidder  may  be  required  to  file 
additional  specifications. 

Any  bidder  who  shall  fail  to  enter  into  contract,  or  shall  fail  to 
fulfill  any  contract  entered  into  by  him  with  the  city,  shall  not  be 
permitted  to  bid  again  directly  or  indirectly  for  any  city  work,  unless 
for  good  cause  shown,  the  city  council  shall  remove  his  disability. 

Sec.  5.  All  bonds  and  contracts  shall  be  drawn  by  the  city 
attorney,  or  submitted  to  him  after  having  been  drawn  up  for  his 
approval  of  the  form  thereof,  after  receiving  which  before  they  shall 
be  in  force  they  shall  be  submitted  to  the  mayor  for  approval,  which, 
when  given,  shall  be  certified  thereon  by  him,  and  they  shall  then 
be  filed  in  the  office  of  the  city  clerk,  and  copies  thereof  given  when 
required.  The  bond  shall  in  all  cases,  substantially  set  forth  the 
contract. 

Sec.  6.  The  mayor  and  city  clerk,  when  any  contract  is  com- 
pleted, and  upon  the  filing  of  the  certificate  of  the  officer  under 
whose  supervision  the  work  was  done,  stating  “ that  he  has  inspect- 
ed said  work^  and  that  it  is  done  in  all  respects  in  accordance 
with  the  contract^  ” may  issue  their  warrant  on  the  treasurer  for 
the  amount  due  such  contractor ; and  they  may,  when  stipulated  in 
the  contract,  or  with  the  consent  of  the  city  council,  from  time  to 
time  during  the  prosecution  of  the  work,  upon  the  filing  of  the  certi- 
ficate of  the  proper  officer,  stating  “ that  he  has  examined  such 
work^  and  computed  or  measured  thesame^  and  verily  believes  that 
there  is  enough  done  to  cover  the  estimate,  and  that  it  is  done  in 
accordance  with  the  contract, advance  to  such  contractor,  and 
draw  their  warrant  on  the  treasurer  for  such  advance,  reserving 
however  in  all  cases  at  least  twenty  per  cent,  of  the  estimate  to  be 
paid  when  the  contract  is  completed. 

Sec.  7.  The  city  engineer  or  city  supervisor  shall,  when  required 
by  the  mayor,  the  city  council,  or  any  of  its  committees,  superintend 
the  construction  of  any  public  work,  and  shall  daily,  or  as  often  as 
may  be  necessary,  examine  any  public  work  under  his  charge,  while 
in  progress,  and  see  that  the  contractor  is  executing  the  same 


PUBLIC  WORKS. 


257 


properly  ; and  if  the  contractor  shall  fail  or  refuse  to  execute  such 
work  in  accordance  with  the  terms  of  his  contract,  he  shall  suspend 
the  same,  and  report  the  facts  to  the  mayor.  No  officer  shall  certify 
the  account  of  any  contractor  who  has  failed  to  comply  with  the 
terms  of  his  contract,  nor  in  any  case  in  advance  of  the  work  ; and 
if  he  shall  do  so,  he  shall  be  liable  to  the  city  for  all  loss  that  may 
occur  thereby. 

Sec.  8.  In  all  contracts  for  street  work,  the  city  shall  reserve 
the  disposition  of  all  surplus  earth  removed  in  excavations  upon  the 
streets  and  alleys,  and  no  officer  or  contractor  shall,  in  any  manner, 
dispose  of  any  such  surplus  earth,  without  the  consent  of  the  city 
council,  under  a penalty  of  not  less  than  fifty  dollars. 

Sec.  9.  No  city  officer  shall  be  a contractor  for  any  city  work, 
or  be  directly  or  indirectly  interested  in  any  contract  with  the  city, 
or  be  directly  or  indirectly  interested  in  the  furnishing  of  any 
materials,  or  hiring  of  carts  or  teams  upon  any  city  work  coming 
under  his  supervision,  under  a penalty  of  not  less  than  fifty  dollars 
in  each  case,  and  he  may,  upon  conviction  thereof,  be  removed  from 
office. 

Sec.  10.  Each  contract  made  shall  contain  a clause  that  the 
contract  is  entered  into  subject  to  the  ordinances  of  the  city,  and  to 
the  power  of  the  proper  officer  of  the  city  to  suspend  the  work,  and 
of  the  city  council  to  annul  the  contract  for  a failure  of  the  contractor 
to  perform  the  same  on  his  part,  according  to  the  terms  thereof ; 
but  that  such  suspension  or  annulment  shall  not  affect  the  right  of 
the  city  to  all  damages  and  penalties  claimable  by  it  on  account  of 
the  non-performance  of  the  contract  according  to  the  terms  thereof.” 
Passed  June  25,  1857. 


88 


258 


ORDINANCES. 


TABLE  OF  ERRATA. 

Page  15,  lOth  line  from  bottom — the  word  “ The”  sho\ild  be  “ To.” 

“ 47,  16th  line— “ 1 845  ” should  be  ‘‘1855.” 

“ 48,  8th  line — the  word  “at  ” should  be  “ of.  ” 

“ 57, 15th  line — the  word  “ of”  should  be  “ or.  ” 

“ 62,  5th  line — the  word  “ in  ” should  be  “ as.  ” 

“ 68,  8th  line  from  bottom — the  word  “registering  ” should  he  “ re-registering.  ” 
“ 92,  8th  line — strike  out  Word  “ a.” 

“ 107,  13th  line — the  word  “thereof”  should  be  “therefor.” 

“ 110,  17th  line — the  word  “nor”  should  be  “no.” 

“ 130,  10th  line — the  word  “ foul should  be  “fowl.” 

“ “ 8th  line  from  bottom — the  word  “material”  should  be  “materially.” 

“ 139,  13th  line  from  bottom — the  word  “ and  ” should  he  “or.” 

“ 144,  8th  line  from  bottom — strike  out  word  “in”  after  “as.” 

“ 152,  3d  line  from  bottom — the  word  “ council  ” should  be  “ counsel.” 

“ 206,  6th  line  from  bottom — the  word  “such”  should  be  “each.” 

“ 231,  2nd  line — the  word  “ are  ” should  be  “ and.” 


CERTIFICATE  OF  AUTHENTICATION. 

State  of  Illinois, 

City  of  Springfield. 

We  the  undersigned,  Mayor  and  City  Clerk  of  the  city  of 
Springfield,  do  hereby  certify  that  the  foregoing,  as  corrected  in 
the  table  of  errata,  are  true  and  authentic  copies  of  the  Revised 
Ordinances  of  the  city  of  Springfield,  deposited  in  the  office  of  the 
city  clerk,  and  that  the  same  'were  printed  and  published  by  au- 
thority of  the  city  council  of  said  city. 

In  testimony  ■whereof,  "we  have  hereunto  set 
our  hands,  and  affixed  the  corporate  seal  of 
[L.  S.]  said  city,  this  first  day  of  January,  A.  D. 

1858. 

John  W.  Priest,  Mayor. 


IViLLiAM  E.  Keefer,  City  Clerk. 


PA^RT  THIRD. 


STATE  LAWS  RELATING  TO  THE  CITY. 


[NO.  1.] 


An  Act  establishing  the  County  of  Sangamon.  Approved  January  30,  1821. — Laws  of 

1821,  page  45.* 

Sec.  2.  That  so  soon  as  the  county  commissioners  of  said 
county  shall  be  elected  and  duly  qualified  into  office,  they  shall 
meet  at  some  convenient  place  in  said  county,  and  determine  on 
some  place  as  near  the  center  of  the  population  of  said  county  as 
circumstances  will  admit,  and  such  place,  when  selected  by  the  said 
county  commissioners,  shall  be  the  temporary  seat  of  justice  for 
said  county,  until  otherwise  provided  by  law  : Provided,  however, 
that  if  the  settler  or  settlers,  owner  or  owners  of  the  place  so  selec- 
ted as  aforesaid,  shall  refuse  to  have  the  temporary  seat  of  justice 
fixed  on  his,  her,  or  their  improvements,  then  the  said  commission- 
ers may  determine  on  such  other  place  contiguous  thereto,  as  they 
may  deem  proper. 


An  Act  establishing  the  permanent  boundaries  of  Sangamon  county,  and  providing  for  the 
permanent  location  of  the  county  seat.  Approved  December  23, 1825. — Laws  1825, 
page  20.* 

Sec.  2.  That  James  Mason,  Rowland  P.  Allen,  Charles  Gear, 
of  Madison  county,  John  G.  Lofton,  of  Green  county,  and  John  R. 

* In  acccordancc  with  the  provisions  of  the  above  acts,  the  county  seat  of  Sangamon 
county,  was  on  the  10th  day  of  April,  1821,  temporarily,  and  afterwards  on  the  ISth  day  of 
March,  1825,  permanently  located  at  Springfield  j and  the  title  to  a large  portion  of  the  now 
most  valuable  real  estate  in  the  city,  is  deduced  and  derived  through  the  donation  made  to 
the  county, .in  virtue  of  the  above  act,  by  the  original  proprietors  of  the  town  of  Springfield, 
in  consideration  of  the  location  of  the  county  seat  of  said  county  at  Springfield. 


202 


APPENDIX. 


Sloo,  of  Hamilton  county,  or  a majority  of  them,  be  and  they  are 
hereby  appointed  commissioners  to  locate  the  permanent  seat  of 
justice  of  said  county ; whose  duty  it  shall  be  to  meet  at  the  pre- 
sent court  house  of  said  county,  on  the  first  Monday  in  March  next, 
or  within  ten  days  thereafter,  and  after  being  duly  sworn  before 
some  justice  of  the  peace,  shall  proceed  to  determine  upon  the  most 
suitable  place  for  the  permanent  county  seat  of  said  county,  having 
in  view  the  geographical  situation  of  said  county,  its  present  and 
the  future  population  and  permanent  interests  of  said  county. 
And  such  selection,  when  made  as  aforesaid,  by  said  commissioners, 
shall  be  and  forever  remain  the  permanent  county  seat  of  said 
county. 

Sec.  3.  That  the  person  or  persons  upon  whose  land  the  county 
seat  as  aforesaid  shall  be  located,  shall  be  required  to  make  a dona- 
tion of  land  to  said  county,  of  a quantity  not  less  than  thirty-five 
(35)  acres,  to  be  laid  off  in  such  form  as  may  be  required  by  the 
commissioners  aforesaid,  and  shall  immediately  make  and  execute 
a general  warranty  deed  in  fee  simple,  for  the  same,  to  the  county 
commissioners  of  said  county,  for  the  use  of  said  county;  and  which 
said  donation  as  aforesaid  shall  include  the  county  seat  so  located  as 
aforesaid  (and  being  as  conveniently  situated  as  practicable,)  which 
land,  or  such  part  as  the  county  commissioners  shall  deem  proper,  shall 
be  laid  out  into  lots,  and  sold  by  said  commissioners,  upon  such  terms 
as  they  shall  deem  most  advisable,  having  in  view  the  interests  of 
said  county  ; the  proceeds  thereof  shall  be  appropriated  by  said 
commissioners  to  the  erection  of  county  buildings  for  said  county. 
Provided^  however^  that  should  the  person  on  whose  land  the  county 
seat  shall  be  located  as  aforesaid,  refuse  to  make  the  donation 
required  by  this  act,  the  said  commissioners  shall  immediately  fix 
said  county  seat,  ( having  in  view  the  interest  of  the  county  afore- 
said, ) upon  the  lands  of  some  person  who  will  make  the  donation 
required  by  this  act. 

Sec.  4.  That  should  the  person  or  persons  refuse  to  give  said 
thirty-five  acres,  then  the  commissioners  appointed  to  locate  the 
county  seat,  shall  locate  the  same  upon  the  lands  of  the  United 
States ; and  such  location  shall  be  made  known  to  the  county  com- 
missioners only,  who  shall  immediately  purchase  the  quarter  section, 
or  half  quarter  section,  or  fractional  quarter  section  upon  which  the 
same  shall  be  so  located  as  aforesaid,  or  cause  the  same  to  be  pur- 
chased, which  purchase  shall  be  made  in  the  name  of  the  county 
commissioners  of  said  county,  which  shall  be  laid  ofi*  in  the  same 
manner,  and  for  the  same  purposes,  as  specified  in  the  third  section 
of  this  act. 

Sec.  5.  That  the  county  commissioners  shall  have  power  to 


STATE  LAWS  RELATING  TO  THE  CITY. 


263 


make  and  execute  conveyances  on  behalf  of  said  county,  for  said 
lots  so  sold  by  them  as  aforesaid,  which  conveyances  shall  vest  the 
fee  simple  thereof  in  the  purchasers  of  the  same. 


TOWN  OF  SPRINGFIELD. 


An  Act  concerning  the  town  of  Springfield.—  Laws  of  1827,  page  23. 

Section  1.  Be  it  enacted  hy  the  people  the  State  of  Illinois ^ 
represented  in  the  Cieneral  Assembly  : That  the  county  commission- 
ers court  of  the  county  of  Sangamon,  shall  at  the  next  March  term 
of  said  court,  and  annually  thereafter,  appoint  a supervisor  for  the 
town  of  Springfield,  in  said  county,  who  shall  have  power,  and 
whose  duty  it  shall  be  to  open,  clear,  repair,  improve,  superintend 
and  keep  in  good  order,  all  the  main  and  principal  streets  in  said 
town. 

Sec.  2.  The  supervisor  when  so  appointed,  shall  give  ten  days 
notice  to  all  persons  who  have  obstructed  or  otherwise  impaired  said 
streets,  to  remove  such  obstructions,  and  repair  the  injuries  such 
person  or  persons  have  done  said  streets  by  obstruction  or  other- 
wise ; and  if  the  same  be  not  done  by  the  time  limited  in  said  notice, 
the  supervisor  shall  immediately  proceed  to  remove  or  demolish  the 
same ; and  in  all  such  cases  where  the  offender  so  fails  or  refuses 
to  repair  such  injuries,  or  remove  such  obstructions,  it  shall  be 
lawful  for  the  said  supervisor  to  institute  a prosecution  in  his  own 
name,  against  the  person  so  offending,  who,  upon  conviction  thereof 
before  any  justice  of  the  peace  in  said  county,  shall  be  fined  in  any 
sum  not  less  than  fifty  cents,  nor  more  than  ten  dollars. 

Sec.  3.  It  shall  be  the  duty  of  the  supervisor,  as  soon  as  prac- 
ticable, to  have  all  the  trees  and  stumps  in  any  of  the  streets 
described  as  aforesaid,  cut  off  as  nearly  level  with  the  ground  as 
possible ; and  after  said  streets  have  been  opened,  repaired,  and 
the  obstructions  removed  as  aforesaid,  any  person  who  shall  there- 
after impair,  obstruct  by  wood,  wagons,  carts  or  otherwise,  any 
such  streets  for  the  time  of  six  hours  together,  shall  be  fined,  upon 
complaint  thereof  made  by  any  voter  of  said  town,  before  any 
justice  of  the  peace  in  said  town,  in  any  sum  not  less  than  fifty 
cents,  nor  more  than  five  dollars,  by  action  of  debt  to  be  commenced 
and  prosecuted  in  the  name  of  said  supervisor.  And  it  shall  more- 
over be  the  duty  of  said  supervisor,  to  repair  the  injury  so  done,  or 
remove  such  obstruction ; for  which  he  shall  be  entitled  to  demand 
the  costs  of  the  same,  including  his  own  trouble,  of  the  person  so 


264 


APPENDIX. 


offending,  and  if  the  same  be  not  paid,  he  shall  be  entitled  to  his 
action  for  the  same  before  any  justice  of  the  peace,  as  before  pro- 
vided for  as  supervisor  aforesaid. 

Sec.  4.  It  shall  be  the  duty  of  said  supervisor,  at  all  times  to 
keep  the  streets,  bridges,  causeways,  and  all  such  other  parts  of 
said  town  that  come  within  his  duty,  in  good  order  and  repair ; and 
upon  failure  thereof,  he  may  from  time  to  time,  as  he  may  so  fail 
or  refuse,  be  prosecuted  at  the  complaint  of  any  voter  of  said  towm, 
before  any  justice  of  the  peace  of  said  county,  and  may  for  good 
cause  shown,  be  fined  in  any  sum  not  less  than  fifty  cents,  nor  more 
than  five  dollars. 

Sec.  5.  It  shall  be  the  duty  of  each  and  every  justice  of  the 
peace  living  -within  the  boundary  of  said  towm,  upon  the  petition  of 
a majority  of  the  qualified  voters  of  said  town  praying  therefor,  to 
make  an  order  to  be  entered  on  his  docket,  a copy  of  which  shall 
be  served  upon  the  supervisor,  by  any  sworn  officer,  a certificate  of 
which  service  shall  be  returned  to  the  justice  who  issued  the  same, 
commanding  him  forthwith  to  remove  all  nuisances,  obstructions, 
grievances,  or  other  public  inconveniences,  not  herein  before  pro- 
vided for,  or  expressed  in  this  act,  that  may  exist  in  said  town,  that 
affect  the  public  streets,  or  that  are  offensive  to  common  decency, 
or  detrimental  to  public  morals ; which  order,  when  so  made,  shall 
be  in  force  until  the  same  is  annulled  by  a petition  of  a majority  of 
the  qualified  voters  as  aforesaid,  and  may  be  enforced  from  time  to 
time,  upon  the  complaint  of  any  qualified  voter  as  aforesaid,  sub- 
stantiated by  proof,  whenever  the  same  shall  be  violated. 

Sec.  6.  It  shall  be  the  duty  of  every  justice  of  the  peace  so 
making  such  order,  to  cause  to  be  posted  up  copies  of  the  same  in 
five  of  the  most  public  places  of  said  town  ; and  after  they  shall 
have  been  so  posted  as  aforesaid,  any  person  who  shall  willfully 
violate  the  provisions  contained  in  said  order,  or  shall  tear  down, 
obliterate,  alter,  or  deface  the  language  of  the  same ; every  person 
so  offending  shall,  upon  the  complaint  of  said  supervisor,  or  voter, 
as  aforesaid,  (in  the  name  of  said  supervisor,)  upon  conviction 
thereof  before  any  justice  of  the  peace,  be  fined  in  any  sum  not  less 
than  fifty  cents,  nor  more  than  twenty  dollars. 

Sec.  7.  All  male  persons  residing  in  the  town  of  Springfield, 
bound  to  work  on  the  public  highways,  shall  if  necessary  be  bound 
to  labor,  in  addition  to  the  labor  they  are  now  bound  to  employ  on 
the  public  highway,  one  day  in  addition  on  the  streets  of  said 
town  : and  if  such  labor  is  insufficient,  it  shall  be  lawfful  for  the 
county  commissioners  to  levy  an  ad  valorem  tax  upon  the  citizens 
of  said  town,  at  the  rate  of  one  quarter  per  centum  or  less,  to  be 
collected  by  said  supervisor,  from  a list  furnished  him  of  the  tax- 


STATE  LAWS  RELATING  TO  THE  CITY. 


265 


able  inhabitants  of  said  town  by  the  clerk  of  the  county  commis- 
sioners’ court  of  said  county,  to  be  appropriated  to  the  improvement 
of  the  streets  of  said  town. 

Sec.  8.  All  fines  and  penalties  herein  provided  for,  shall,  when 
collected  by  any  officer  or  otherwise,  be  deposited  in  the  hands  of  said 
supervisor,  who  shall  appropriate  the  same  to  the  improvement  of 
said  streets. 

Sec.  9.  If  any  officer  shall  fail,  neglect  or  refuse  to  pay  over 
to  said  supervisor  any  money  so  collected,  said  supervisor  may  have 
an  action  of  debt  against  him  for  the  amount  of  the  same,  before 
any  justice  of  the  peace.  And  if  any  supervisor  shall  fail  or  re- 
fuse to  appropriate  any  money  by  him  so  received  or  shall  refuse 
to  account  to  the  county  commissioners’  court  of  said  county  when 
called  upon  for  that  purpose,  for  the  same,  said  court  may  proceed 
to  enter  judgment  against  said  supervisor  for  the  amount  so  retained, 
and  shall  have  execution  therefor  ; which  when  collected,  shall  be 
appropriated  exclusively  as  aforesaid. 

Sec.  10.  When  any  street  shall  be  so  opened,  or  if  the  opening 
of  any  street  in  said  town  shall  be  deemed  useless  and  burdensome, 
it  shall  be  lawful  for  two-thirds  of  the  qualified  voters  of  said  town, 
to  petition  the  county  commissioners’  court  of  said  county,  to  have 
the  same  excepted  from  the  ordinary  labor  bestowed  on  the  other 
streets.  And  it  shall  be  the  duty  of  said  court  to  make  an  order 
to  that  effect,  which  order  shall  specify  the  particular  street  or 
streets  so  excepted,  and  direct  the  clerk  of  said  court  to  furnish  the 
supervisor  with  a copy  of  said  order,  which  shall  restrict  the  super- 
visor thereof  from  any  further  labor  on  said  street  or  streets,  other 
than  is  provided  in  said  order,  which  at  any  time  may  be  rescinded 
upon  the  like  petition  of  two-thirds  of  the  qualified  voters  as  afore- 
said. 

Approved  February  9,  1827. 


TOWN  CORPORATION. 

The  ‘^Town  of  Springfield”  was  first  incorporated  April  2,  1832, 
under  the  provisions  of  the  following  act,  of  the  General  Assembly 
of  the  state  : 

An  Act  to  incorporate  the  inhabitants  of  such  towns  as  may  wish  to  be  incorporated. — 

Laws  of  1831,  page  82. 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois,  re 
presented  in  the  General  Assembly : That  whenever  the  white  males 
over  the  age  of  twenty -one  years,  being  residents  of  any  town  in 
34 


266 


APPENDIX. 


this  state  containing  not  less  than  one  hundred  and  fifty  inhabitants, 
shall  wish  to  become  incorporated  for  the  better  regulation  of  their 
internal  police,  it  shall  be  lawful  for  the  said  residents,  who  may 
have  resided  six  months  therein,  or  who  shall  be  the  owner  of  any 
freehold  property  therein,  to  assemble  themselves  together,  in  public 
meeting,  at  the  court  house  or  other  place  in  said  town,  and  when 
so  assembled,  they  may  proceed  to  choose  a president  and  clerk  of 
the  meeting  from  among  their  number,  both  of  whom  shall  be  sworn, 
or  affirmed,  by  any  person  authorized  to  administer  oaths,  faithfully 
to  discharge  the  trust  reposed  in  them  as  president  and  clerk  of 
said  meeting : Provided,  however,  that  at  least  ten  days’  public 
notice  of  the  time  and  place  of  holding  such  meeting,  shall  have 
been  previously  given  by  advertising  in  some  newspaper  of  the  town, 
or  by  setting  up  written  notices,  in  at  least  three  of  the  most  public 
places  in  such  town. 

Sec.  2.  The  residents,  as  aforesaid,  of  any  town  ha^dng  assem- 
bled as  directed  in  the  first  section  of  this  act,  may  proceed  to  decide 
by  vote,  viva  voce,  whether  they  will  be  incorporated  or  not,  and 
the  president  and  clerk,  after  their  votes  are  given  in,  shall  certify 
under  their  hands,  the  number  of  votes,  in  favor  of  being  incorpor- 
ated, and  the  number  against  being  incorporated ; and  if  it  shall 
appear  that  two-thirds  of  the  voters  present,  are  in  favor  of  being 
incorporated,  the  president  and  clerk  shall  deliver  a certificate  of 
the  state  of  the  polls  to  the  board  of  trustees,  to  be  elected  as 
hereinafter  provided. 

Sec.  3.  Whenever  the  qualified  voters,  under  this  act,  of  any 
town,  shall  have  decided  in  the  manner  herein  provided,  that  they 
wish  to  be  incorporated,  it  shall  be  the  duty  of  the  clerk  of  the 
meeting,  at  which  they  may  so  decide,  to  give  at  least  five  days’ 
previous  public  notice  to  the  said  voters,  to  assemble  at  the  court 
house,  or  some  other  public  place  in  such  town,  on  a day  to  be 
named  in  such  notice,  to  elect  by  viva  voce  vote,  five  residents  and 
freeholders  of  such  town,  for  trustees  of  the  same,  who  shall  hold 
their  office  for  one  year,  and  until  other  trustees  are  chosen  and 
qualified ; at  which  first  election,  the  president  and  clerk  of  the 
first  meeting  shall  preside,  or  in  case  of  the  absence  of  either  of 
them,  some  suitable  person  shall  be  appointed  by  the  electors 
present  to  fill  such  vacancy  or  vacancies.  And  at  every  succeed- 
ing election  for  president  and  trustees,  the  preceding  board  of 
trustees  shall  direct  the  manner  in  which  the  same  shall  be  con- 
ducted. 

Sec.  4.  The  board  of  trustees  of  any  town  elected  agreeably  to 
the  provisions  of  this  act,  shall  choose  a president  out  of  their  own 
body,  and  the  president  and  trustees  aforesaid,  and  their  successors 


STATE  LAWS  RELATING  TO  THE  CITY. 


26T 


in  office,  shall  thenceforth  be  considered  in  law  and  equity,  a body 
corporate  and  politic,  by  the  name  and  style  of  the  president  and 

trustees  of  the  town  of ,”  and  by  such  name  and  style  shall 

be  forever  able  and  capable  in  law  and  equity  to  sue  and  be  sued, 
to  plead  and  be  impleaded,  to  answer  and  be  answered  unto,  defend 
and  be  defended  in  all  manner  of  suits,  actions,  plaints,  pleas,  causes, 
matters  and  demands,  of  whatever  kind  or  nature  they  may  be,  in 
as  full  and  effectual  a manner,  as  any  person  or  persons,  bodies  cor- 
porate, or  politic  can,  or  may  do,  and  may  have  a common  seal,  and 
may  alter  the  same  at  pleasure.  The  said  president  and  trustees 
shall  require  their  clerk  to  keep  a fair  journal  and  record  of  all 
their  proceedings,  and  record  all  by-laws  and  ordinances  which  they 
may  make,  in  a book  to  be  provided  for  that  purpose. 

Sec.  5.  The  president  and  trustees,  or  a majority  of  them,  of 
any  town  incorporated  as  herein  directed,  shall  have  power  to  make, 
ordain,  and  establish,  and  execute  such  ordinances  in  writing,  not 
inconsistent  with  the  laws,  or  the  constitution  of  this  State,  as  they 
shall  deem  necessary  to  prevent  and  remove  nuisances,  to  restrain 
and  prohibit  gambling,  or  other  disorderly  conduct,  and  to  prevent 
the  running  of,  and  indecent  exhibitions  of  horses,  within  the  bounds 
of  such  town  ; to  provide  for  licensing  public  shows ; to  regulate 
and  establish  markets ; to  sink  and  keep  in  repair  public  wells ; to 
keep  open  and  in  repair  the  streets  and  alleys  of  such  town,  by 
making  pavements,  or  side  walks,  as  to  them  may  seem  needful : 
Provided  always^  that  the  lot  in  front  of  which  any  side  walk  is 
made,  shall  be  taxed  to  pay  at  least  one-half  of  the  expenses  of 
making  such  side  walk.  The  said  president  and  trustees  shall  also 
have  power  to  provide  such  means  as  they  may  deem  necessary  to 
protect  such  town  from  injuries  by  fires.  And  for  the  purpose  of 
carrying  the  aforesaid  powers  into  effect,  the  said  president  and 
trustees  shall  have  power  to  define  the  boundaries  of  such  town : 
Provided,  that  the  same  shall  not  exceed  one  mile  square,  and  to 
levy  and  collect  annually  a tax,  on  all  the  real  estate  in  such  town, 
not  exceeding  fifty  cents  on  every  hundred  dollars,  of  assessment 
valuation  thereof. 

Sec.  6.  It  shall  be  the  duty  of  the  said  president  and  trustees, 
to  cause  all  the  streets  and  alleys  of  such  town,  and  all  the  public 
roads  passing  from  and  through  such  town,  for  one  mile  from  the 
center  thereof,  to  be  kept  in  good  repair ; and  to  this  end,  they  are 
authorized  to  require  every  male  resident  of  such  town,  over  the  age 
of  twenty-one  years,  to  labor  on  said  streets,  alleys  and  roads,  at 
least  three  days  in  each  and  every  year ; and  if  such  labor  shall  be 
insufficient,  to  appropriate  so  much  of  the  tax  levied  on  real  estate, 
as  may  be  necessary  to  keep  the  said  streets,  alleys  and  roads  in 


268 


APPENDIX. 


repair  ; and  also  to  appoint  and  prescribe  the  duty  of  all  such  offi- 
cers, for  such  town,  as  they  may  deem  necessary  to  carry  into  effect 
the  foregoing  powers.  The  collectors  of  the  corporation  tax,  and  the 
treasurer,  shall  severally  give  bond,  made  payable  to  the  president 
and  trustees,  and  their  successors  in  office,  with  good  and  sufficient 
securites,  in  such  sums  as  may  by  said  president  and  trustees  be 
deemed  advisable  ; and  a clause  shall  be  inserted,  that  if  at  any 
time  additional  security  be  required,  the  same  shall  be  given  : the 
conditions  of  which  bonds  shall  be  that  the  officer  shall  faithfully 
perform  the  duties  of  his  office ; and  said  officers  shall  remain  in 
office  one  year,  (unless  sooner  removed,)  and  until  others  shall  be 
appointed,  and  shall  have  given  bonds. 

Sec.  7.  The  said  president  and  trustees,  elected  under  this  act, 
shall  continue  in  office  for  one  year,  and  until  their  successors  shall 
be  elected  and  qualified.  And  it  shall  be  their  duty,  before  their 
time  expires,  to  give  at  least  ten  days’  public  notice  to  the  qualified 
voters,  under  this  act,  to  meet  at  such  place  as  they  may  name,  in 
such  town,  and  elect  a new  board  of  president  and  trustees,  for  such 
town ; and  all  vacancies,  which  may  happen  in  said  board  by  resig- 
nation, or  otherwise,  before  their  term  of  office  expires,  shall  be 
filled  by  the  other  members  of  the  board.  The  proceedings  of  said 
board  shall  always  be  public  ; and  all  their  ordinances,  before  taking 
effect,  shall  be  published  for  at  least  ten  days,  in  a newspaper  of 
tuch  town,  or  by  setting  up  copies  of  the  same,  in  three  of  the  most 
public  places  in  such  town.  A majority  of  said  board  shall  consti- 
tute a quorum. 

Sec.  8.  All  moneys  arising  from  the  collection  of  taxes,  fines, 
penalties,  and  forfeitures,  shall  be  appropriated  by  said  president 
i nd  trustees  towards  the  erecting,  improving,  and  regulating  those 
( bjects  which,  by  this  act,  are  placed  under  their  control  and  juris- 
diction, and  to  none  others.  And  it  shall  be  their  duty  to  have  an 
account  current  of  the  fiscal  concerns  of  the  corporation  so  kept,  as 
will  at  all  times,  show  the  true  situation  of  the  same  to  such  as  may 
desire  to  inspect  the  same  ; and  the  said  president  and  trustees  shall 
have  full  power  to  enforce  their  ordinances,  by  authorizing  the  per- 
son or  persons  by  them  appointed  to  collect  any  tax  imposed  in 
pursuance  of  this  act,  to  collect  the  same  by  distress  and  sale  of 
goods  and  chattels  of  the  person  chargeable  with  the  same,  on  giving 
at  least  thirty  days’  public  notice  of  the  time  and  place  of  such  sale ; 
and,  if  no  goods  and  chattels  of  the  person  chargeable  with  said 
tax  can  be  found,  it  shall  be  lawful  to  sell  any  town  lot,  owned  by 
such  person,  or,  so  much  thereof,  as  will  pay  the  tax  due  and  in 
arrear  from  any  such  person,  upon  giving  at  least  thirty  days’  notice 
of  the  time  and  place  of  making  such  sale,  paying  to  the  owner,  or 


STATE  LAWS  RELATING  TO  THE  CITY. 


269 


owners,  the  overplus,  if  any.  The  president  and  trustees  may  impose 
fines  for  the  breach  of  their  ordinances  ; but  no  fine  shall  be  inflicted 
on  any  one  person,  for  any  one  breach  of  any  ordinance,  of  more 
than  five  dollars,  which  fine  may  be  recovered  before  any  justice  of 
the  peace,  by  action  of  debt,  in  the  name  of  the  president  and 
trustees  of  such  town,  and  collected  by  execution,  as  other  judgments 
of  justices  of  the  peace.  All  fines  collected  in  pursuance  of  this 
act,  shall  by  the  officer  collecting  the  same,  be  paid  over  to  the  treas- 
ury of  the  corporation ; and,  for  an  omission  to  do  so,  such  officer 
may  be  proceeded  against  by  the  president  and  trustees,  in  an  action 
of  debt  for  the  same. 

Sec.  9.  Two-thirds  of  the  qualified  voters  of  any  town,  incorpor- 
ated according  to  the  provisions  of  this  act,  shall  have  power  to 
dissolve  the  same,  at  any  annual  election  for  president  and  trustees, 
by  voting  against  the  incorporation,  as  is  directed  in  the  second 
section  of  this  act. 

Sec.  10.  Whenever  a president  and  trustees  shall  be  elected 
for  any  town  as  herein  directed,  it  shall  be  the  duty  of  the  president 
and  clerk  of  the  first  meeting,  provided  for  in  the  first  section  of 
this  act,  to  deliver  to  them  a certified  statement  in  writing,  of  the 
polls  at  said  first  meeting ; and  it  shall  be  the  duty  of  such  presi- 
dent and  trustees,  to  deposit  the  same  with  the  clerk  of  the  county 
commissioners’  court,  of  the  proper  county  to  be  entered  on  record, 
in  his  office  ; and  before  entering  upon  their  duty,  to  take  an  oath 
to  discharge  their  duty  according  to  their  best  abilities. 

Sec.  11.  Whenever  any  town  shall  be  incorporated  by  this  act, 
all  other  laws  incorporating  the  same,  or  made  to  regulate  in  any 
way  the  internal  police  of  such  town,  shall  be  considered  as  repealed. 
The  inhabitants  of  any  town  incorporated  by  this  act,  shall  not  be 
required  to  work  upon  any  road  except  as  herein  required.  And 
whenever  any  town  corporation  shall  be  dissolved  according  to  this 
act,  all  persons  having  any  funds  belonging  to  such  corporation  in 
their  hands,  shall  pay  the  same  into  the  county  treasury  ; and  all 
bonds  and  securities  taken  for  the  same  by  such  corporation,  shall 
vest  in  the  county  commissioners  for  the  use  of  such  county,  who 
may  have  and  maintain  any  proceedings  thereon  in  law  or  equity, 
which  might  have  been  had  by  the  said  corporation. 

Approved  February  12, 1831. 


270 


APPENDIX. 


An  Act  further  defining  the  powers  and  duties  of  Trustees  of  incorporated  towns  — Laws 

of  1835,  page  175. 

Section  1.  Be  it  enacted  hy  the  yeople  of  the  State  of  Illinois 
represented  in  the  General  Assembly : That  the  president  and  trus- 
tees of  towns,  which  have  or  may  become  incorporated  in  conformity 
with  the  provisions  of  the  act  entitled  “An  act  to  incorporate  the  in- 
habitants of  such  towns  as  may  wish  to  be  incorporated,”  approved 
12th  of  February,  1831,  are  hereby  vested  with  power  to  appoint  a 
town  constable,  and  authorize  him  to  execute  all  writs,  process  and 
precepts  which  may  be  issued  against  persons  for  the  violation  of 
the  laws  of  the  corporation,  and  to  arrest  on  view,  all  persons  who 
may  violate  such  laws,  and  to  collect  all  fines,  forfeitures,  and  pen- 
alties which  may  be  assessed  or  recovered  for  the  use  of  the  corpo- 
ration, and  to  require  bond  and  security  of  said  constable,  in  such 
sum  as  they  may  deem  proper.  The  said  president  and  trustees 
are  also  vested  with  power  to  declare  what  shall  be  considered  a 
nuisance  within  the  limits  of  the  corporation,  and  to  provide  for  the 
abatement  or  removal  thereof ; also,  to  regulate  the  speed  which 
horses  or  other  animals  may  be  rode  or  driven  within  the  limits  of 
the  corporation ; to  provide  for  the  trial  and  punishment  of  persons 
who  may  be  engaged  in  assaults,  assaults  and  batteries,  and  afirays 
within  the  limits  of  the  corporation,  and  to  provide  that  such  pun- 
ishment may  be  infiicted,  for  any  offense  against  the  laws  of  the 
corporation,  as  is  or  may  be  provided  by  law  for  like  offenses 
against  the  laws  of  the  state ; Provided,  that  no  person  shall  be 
deprived  of  the  right  of  trial  by  jury  in  any  case  where  such  person 
would  be  entitled  to  a trial  by  a jury,  for  a like  offense  against  the 
laws  of  the  state. 

Sec.  2.  The  president  and  trustees  aforesaid,  are  further  au- 
thorized to  provide  for  the  punishment  of  offenders  by  imprisonment 
in  the  county  jails,  in  all  cases  where  such  offenders  shall  fail  or  re- 
fuse to  pay  fines  which  may  be  assessed,  or  for  forfeitures  or  penal- 
ties which  may  be  recovered ; Provided,  that  no  person  shall  be 
imprisoned  under  the  provisions  of  this  section  for  a longer  period 
than  twelve  hours  for  every  five  dollars  for  any  fine  assessed,  or  for- 
feiture or  penalty  recovered. 

Sec.  3.  The  said  president  and  trustees  are  also  authorized  to 
adopt  such  laws  for  the  security  of  wagons,  and  other  carriages 
which  may  be  used  within  the  limits  of  the  corporation,  and  for  the 
protection  of  the  inhabitants  against  injury  by  reason  of  horses  and 
other  animals  fastened  to  such  wagons  or  carriages  running  with 
the  same,  as  they  may  deem  necessary ; also  to  provide  for  the 


STATE  LAWS  RELATING  TO  THE  CITY. 


271 


punishment  of  persons  who  may  at  any  time  disturb  the  peace  of 
the  inhabitants  of  the  town,  or  the  deliberations  or  proceedings  of 
any  public  meeting  of  such  inhabitants. 

Sec.  4.  The  said  president  and  trustees  shall  also  have  power 
to  regulate  the  fees  and  compensation  of  all  officers  of  the  corpora- 
tion. 

This  act  shall  take  effect  from  and  after  its  passage. 

Approved  January  31,  1835. 


TOWN  OF  CALHOUN. 

Aa  Act  for  the  re-survey  of  the  town  of  Springfield.— Private  laws  of  1833,  page  210. 

Whereas,  in  the  county  of  Sangamon,  a town  plat  of  the  town 
of  Calhoun  has  been  recorded  which  is  adjacent  to  and  forms  a 
part  of  the  town  of  Springfield,  the  seat  of  justice  of  said  county, 
and  deeds  have  been  made  for  lots  both  as  being  in  the  town  of  Cal- 
houn and  Springfield,  from  that  part  of  the  town  plat  recorded  as 
Calhoun.  Therefore 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of  Illinois 
represented  in  the  G-eneral  Assembly  : That  all  deeds  made  for  lots 
from  that  part  of  the  town  plat  recorded  as  Calhoun,  being  either 
named  in  the  deed  Calhoun  or  Springfield  are  hereby  declared 
valid,  and  hereafter  said  plat  of  the  town  of  Calhoun  shall  be  for- 
ever known  and  declared  as  part  of  the  town  of  Springfield. 

Approved  February  20,  1833. 


SEAT  OF  GOVERNMENT. 

An  act  permanently  to  locate  the  Seat  of  Government  of  the  State  of  Illinois. 

Laws  of  1837,  page  321. 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois, 
represented  in  the  Greneral  Assembly : That  the  two  houses  of  the 
general  assembly  shall  meet  in  the  hall  of  the  house  of  representa- 
tives on  the  28th  day  of  February,  1837,  at  10  o’clock,  A.  M.,  and 
then  and  there  proceed  by  joint  vote  to  select  some  suitable  point 
or  place  for  the  permanent  location  of  the  seat  of  government  for  the 
State  of  Illinois : Provided  further,  that  said  election  shall  not 
continue  more  than  one  day. 

Sec.  2.  Each  member  shall  be  at  liberty  to  vote  for  whatever 


272 


APPENDIX. 


point  or  place  lie  may  choose  ; and  no  point  or  place  shall  be  deemed 
selected  until  it  shall  have  received  a majority  of  all  the  votes  given. 

Sec.  3.  In  case  no  point  or  place  shall  receive  a majority  of  all 
the  votes  given  on  the  first  vote,  the  two  houses  shall  continue  to 
vote  until  some  point  or  place  shall  receive  such  majority  : Provided 
that  this  section  shall  not  be  construed  to  prevent  an  adjournment 
from  day  to  day. 

Sec.  4.  When  any  point  or  place  shall  have  received  a majority 
as  aforesaid,  such  point  or  place  shall  be  and  remain  the  permanent 
location  of  the  seat  of  government  for  the  State  of  Illinois,  from 
and  after  the  time  for  which  it  is  fixed  at  Vandalia  shall  have 
expired,  and  the  sum  of  fifty  thousand  dollars  is  hereby  appropri- 
ated for  the  purpose  of  erecting  a state  house  and  other  needful 
buildings  ( if  any ) which  shall  be  expended  under  the  direction  of 
three  commissioners,  to  be  appointed  by  the  present  general  assem- 
bly : Provided^  that  this  act  shall  be  null  and  void  unless  the  sum 
of  fifty  thousand  dollars  be  donated  by  individuals,  and  secured  by 
bonds,  and  security  to  be  approved  of  by  the  Governor,  and  made 
payable  to  the  state  treasurer,  to  become  due  at  such  times  as  the 
Governor  shall  direct ; which  bonds  shall  be  executed  and  filed  with 
the  state  treasurer,  on  or  before  the  first  day  of  May  next,  and  which 
donation  is  especially  designed  to  meet  the  appropriation  herein 
before  made,  and  shall  be  applied  exclusively  and  immediately  to 
that  object,  and  also,  unless  a sufficient  quantity  of  ground  not  less 
than  two  acres,  upon  which  to  erect  public  buildings,  be  donated 
and  conveyed  to  the  state  without  expense  to  the  State  of  Illinois. 

Sec.  5.  An  act  entitled  an  act  permanently  to  locate  the  Seat 
of  Government  of  Illinois,”  approved  February  6th,  1833,  is  hereby 
repealed : Provided,  however,  that  if  the  general  assembly  shall  fail 
to  select  a point  for  the  Seat  of  Government  as  provided  for  in  this 
act,  then  and  in  that  case  this  section  shall  be  void  and  of  no  effect. 
This  general  assembly  reserves  the  right  to  repeal  this  act  at  any 
time  hereafter. 

Approved  February  25,  1837. 


An  act  supplemental  to  an  act  to  permanently  locate  the  Seat  of  Government  of  Illinois. 

Laws  of  1S37,  page  322. 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Plinois, 
represented  in  the  G-eneral  Assembly  : That  the  county  commission- 
ers’ court  of  Sangamon  county  is  hereby  authorized  and  empowered 
to  convey  to  the  Governor  of  the  State  of  Illinois,  for  the  use  of 
the  people  of  said  state,  all  that  piece  or  parcel  of  ground  situate, 


STATE  LAWS  RELATING  TO  THE  CITY. 


273 


lying  and  being  in  the  town  of  Springfield,  county  of  Sangamon 
and  State  of  Illinois,  known  as  the  public  square,”  containing  two 
and  a half  acres,  be  the  same  more  or  less,  upon  w’hich  piece  or 
parcel  of  ground  when  conveyed  as  aforesaid,  shall  be  erected  a 
state  house  and  other  necessary  public  buildings  for  the  State  of 
Illinois.  Archibald  Job,  of  the  county  of  Morgan,  A.  G.  Henry, 
Thomas  Houghan,  of  Sangamon  county,  are  hereby  appointed  com- 
missioners to  superintend  the  erection  of  the  public  buildings  afore- 
said, who,  before  they  enter  upon  the  discharge  of  their  duty  shall 
enter  into  bond  to  the  Governor  of  this  State,  with  approved  security 
in  the  penalty  of  ten  thousand  dollars  each,  conditioned  for  the 
faithful  performance  of  their  duties,  and  shall  severally  take  an 
oath,  that  they  will  well  and  truly  and  diligently  discharge  all  their 
duties  as  commissioners  to  superintend  the  erection  of  public  build- 
ings. They  shall  cause  to  be  erected  a building  of  suitable  size  for 
a state  house,  upon  the  most  approved  and  convenient  plan,  and 
providing  the  necessary  offices  and  committee  rooms  for  public  use. 
Said  commissioners  shall  stipulate  for  all  payments  to  be  made  out 
of  the  fund  appropriated  for  that  purpose  and  no  other,  and  they 
shall  be  allowed  three  dollars  per  day  for  their  services,  out  of  the 
same  fund. 

Sec.  2.  If  the  county  commissioners’  court  of  Sangamon  county 
shall  fail  to  convey  the  lot  of  land  herein  contemplated,  the  said 
commissioners  shall  procure  a suitable  and  convenient  lot  of  ground 
for  the  purposes  aforesaid. 

Approved  March  3,  1837. 


EXTENSION  OF  CORPORATE  POWERS. 

An  Act  to  extend  the  corporate  powers  of  the  president  and  trustees  of  the  town  of 
Springfield. — Laws  of  1837  (special  session,)  page  94. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois^ 
represented  in  the  Greneral  Assembly  : That  the  president  and  trus- 
tees of  the  town  of  Springfield,  in  the  county  of  Sangamon,  and  state 
aforesaid,  and  their  successors  in  office,  or  a majority  of  them,  shall 
hereafter  have  authority,  in  addition  to  the  powers  conferred  upon 
them  by  an  act  entitled  an  act  to  incorporate  the  inhabitants  of 
such  towns  as  may  wish  to  be  incorporated,”  approved  February  12, 
1831,  to  extend  the  boundaries  of  said  town  one-half  mile  in  each 
direction  beyond  its  present  limits,  and  to  open,  widen,  and  extend 
the  streets  and  alleys  of  the  same,  and  to  levy  and  collect  annually, 
85 


2T4 


APPENDIX. 


a tax  on  all  the  real  estate  in  said  town  as  extended,  not  exceeding 
four  per  cent,  per  annum  on  the  assessed  value  thereof,  and  to  bor- 
row money  ; Provided^  that  at  no  time  shall  the  amount  so  borrowed 
exceed  one  hundred  thousand  dollars. 

Sec.  2.  All  moneys  arising  from  the  collection  of  taxes,  or  from 
the  loan  or  loans  above  authorized,  shall  be  appropriated  by  the  said 
president  and  trustees,  and  their  successors,  in  such  manner  as  in 
their  opinion  will  best  promote  the  interests  of  said  town. 

Sec.  3.  The  said  president  and  trustees  shall  have  power  to 
enforce  their  ordinances,  by  authorizing  the  collector  of  taxes  to 
sell  any  town  lot  or  parcel  of  ground  wuthin  the  limits  of  said  town, 
or  so  much  as  will  pay  the  tax  due  and  in  arrear  from  the  owner 
thereof,  in  such  manner  as  is  now  authorized  under  the  act  approved 
February  12,  lb 31,  aforesaid. 

Sec.  4.  When  any  street  is  opened,  widened  or  extended,  the 
president  and  trustees  shall  make  the  person  or  persons  injured 
thereby  compensation ; to  ascertain  wFich,  they  shall  cause  to  be 
summoned  twelve  good  and  lawful  men,  freeholders  and  inhabitants 
of  said  town,  not  directly  interested,  who  being  first  duly  sworn  for 
that  purpose,  shall  inquire  into,  and  take  into  consideration  as  well 
the  benefit  as  the  injury  which  may  accrue,  and  estimate  and  assess 
the  damage  sustained  by  reason  thereof,  and  shall  moreover  estimate 
the  amount  which  other  persons  will  be  benefitted  thereby ; all  of 
which  shall  be  returned  to  the  board  under  their  hands  and  seals ; 
and  the  persons  so  benefitted  and  assessed  shall  pay  the  same  in 
such  manner  as  shall  be  provided,  and  the  residue,  if  any,  shall  be 
paid  into  the  town  treasury. 

Sec.  5.  That  upon  the  application  of  the  owners  of  two-thirds 
of  the  lots  on  any  street  or  part  of  a street,  it  shall  be  lawful  for 
the  president  and  trustees  to  levy  and  collect  a special  tax  on  the 
owners  of  the  lots  on  said  street  or  parts  of  a street,  according  to 
their  respective  fronts,  for  the  purpose  of  grading  and  paving  the 
streets  and  sidewalks  in  front  thereof. 

Sec.  6.  This  act  to  take  efiect  from  and  after  its  passage. 
Approved  July  20,  1837. 


CORPORATE  POWERS  RESTRICTED. 

An  Act  in  relation  to  the  town  of  Springfield.—  Laws  of  1839,  page  104. 

Section  1.  Be  it  enacted  hy  the  people  o-f  the  State  of  Illinois^ 
represented  in  the  General  Assembly  : That  so  much  of  the  act  en- 
titieu  “ an  act  to  extend  the  corporate  powers  of  the  president  and 


STATE  LAWS  RELATING  TO  THE  CITY. 


275 


trustees  of  the  town  of  Springfield,”  approved  July  20,  1837,  as 
authorizes  the  extension  of  the  boundaries  of  said  town,  be,  and  the 
same  is  hereby  repealed. 

Sec.  2.  All  of  the  territory  included  in  any  addition  to  the 
town  of  Springfield,  in  addition  to  the  boundaries  fixed  by  the 
president  and  trustees  of  said  town,  previous  to  the  passage  of  the 
act  of  20th  of  July  1837,  shall  from  and  after  the  passage  of  this 
act  be  and  remain  the  boundaries  of  said  town  of  Springfield. 

Approved  February  15,  1839. 


ORIGINAL  CHARTER. 

An  Act  to  incorporate  the  city  of  Springfield. — Laws  of  1840,  (special  session,)  page  6. 

AKTICLE  I. 

BOUNDARIES  AND  GENERAL  POWERS. 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois 
represented,  in  the  G-eneral  Assembly  : That  the  inhabitants  of  the 
town  of  Springfield,  in  the  county  of  Sangamon,  and  State  of  Illinois, 
be  and  they  are  hereby  constituted  a body  politic  and  corporate,  by 
the  name  and  style  of  the  city  of  Springfield,  and  by  that  name 
shall  have  perpetual  succession,  and  may  have  and  use  a common 
seal,  which  they  may  change  and  alter  at  pleasure. 

Sec.  2.  All  that  district  of  country  inclosed  within  the  following 
boundaries,  to  wit : Being  in  Sangamon  county  and  State  of  Illinois, 
one  mile  square ; the  state  house  being  the  center,  shall  consti- 
tute the  city  of  Springfield. 

Sec.  3.  The  president  and  board  of  trustees  of  the  town  of 
Springfield,  shall  on  or  before  the  first  day  of  March  next,  or  as 
soon  thereafter  as  practicable,  divide  the  said  city  of  Springfield 
into  four  wards,  as  nearly  equal  in  population  as  practicable,  particu- 
larly describing  the  boundaries  of  each. 

Sec.  4.  Whenever  any  tract  of  land  adjoining  the  city  of  Spring- 
field  shall  or  may  have  been  laid  olF  into  town  lots  and  duly  recorded 
as  required  by  law,  the  same  shall  be  annexed  to  and  form  a part  of 
the  city  of  Springfield. 

Sec.  5.  The  inhabitants  of  said  city,  by  the  name  and  style 
aforesaid,  shall  have  power  to  sue  and  be  sued,  to  implead  and  be 
impleaded,  defend  and  be  defended  in  all  courts  of  law  and  equity, 
and  in  all  actions  whatever.  To  purchase,  receive  and  hold  prop- 
erty, real  and  personal,  beyond  the  city,  for  burial  grounds,  or  for 


270 


APPENDIX. 


other  public  purposes,  for  the  use  of  the  inhabitants  of  said  city. 
To  sell,  lease,  convey  or  dispose  of  property  real  and  personal  for 
the  benefit  of  the  city,  and  to  improve  and  protect  such  property, 
and  to  do  all  other  things  in  relation  thereto  as  natural  persons. 


ARTICLE  II. 

OF  THE  CITY  COUNCIL. 

Section  1.  There  shall  he  a city  council,  to  consist  of  a mayor 
and  board  of  aldermen. 

Sec.  2.  The  hoard  of  aldermen  shall  consist  of  one  member 
from  each  ward,  to  he  chosen  by  the  qualified  voters  for  two  years. 

Sec.  3.  No  person  shall  be  an  alderman  unless  at  the  time  of 
his  election  he  shall  have  resided  six  months  within  the  limits  of  the 
city,  and  shall  be  at  the  time  of  his  election  a bona  fide  free-holder 
in  said  city,  and  twenty-one  years  of  age,  and  citizen  of  the  United 
States. 

Sec.  4.  If  any  alderman  shall  after  his  election,  remove  from 
the  ward  for  which  he  is  elected,  or  cease  to  be  a free-holder  in  said 
city,  his  office  shall  thereby  be  vacated. 

Sec.  5.  At  the  first  meeting  of  the  city  council,  the  aldermen 
shall  be  divided  by  lot  into  two  classes,  the  seats  of  those  of  the 
first  class  shall  be  vacated  at  the  expiration  of  the  first  year,  and  of 
the  second  class  at  the  expiration  of  the  second  year,  so  that  one- 
half  of  the  board  shall  be  elected  annually. 

Sec.  6.  The  city  council  shall  judge  of  the  qualifications,  elec- 
tion, and  returns  of  their  own  members,  and  shall  determine  all 
contested  elections. 

Sec.  7.  A majority  of  the  city  council  shall  constitute  a quorum 
to  do  business,  but  a smaller  number  may  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members  under  such  penalties 
as  may  be  prescribed  by  ordinance. 

Sec.  8.  The  city  council  shall  have  power  to  determine  the  rules 
of  its  proceedings,  punish  its  members  for  disorderly  conduct,  and 
with  the  concurrence  of  two-thirds  of  the  members  elected,  expel  a 
member. 

Sec.  9.  The  city  council  shall  keep  a journal  of  its  proceedings, 
and  from  time  to  time,  publish  the  same,  and  the  yeas  and  nays 
when  demanded  by  any  member  present,  shall  be  entered  on  the 
journal. 

Sec.  10.  No  alderman  shall  be  appointed  to  any  office  under 
the  authority  of  the  city,  which  shall  have  been  created,  or  the 


STATE  LAWS  RELATING  TO  THE  CITY. 


27T 


emoluments  of  which  shall  have  been  increased  during  the  time  for 
which  he  shall  have  been  elected. 

Sec.  11.  All  vacancies  that  shall  occur  in  the  board  of  aldermen, 
shall  be  filled  by  election. 

Sec.  12.  The  mayor  and  each  alderman,  entering  upon  the 
duties  of  their  office,  shall  take  and  subscribe  an  oath  “ That  they 
will  support  the  constitution  of  the  United  States,  and  of  this  State, 
and  that  they  will  well  and  truly  perform  the  duties  of  their  office 
to  the  best  of  their  skill  and  abilities.” 

Sec.  13.  Whenever  there  shall  be  a tie  in  the  election  of  aider- 
man,  the  judges  of  election  shall  certify  the  same  to  the  mayor,  who 
shall  determine  by  lot  in  such  manner  as  shall  be  provided  by 
ordinance. 

Sec.  14.  There  shall  be  twelve  stated  meetings  of  the  city 
council  in  each  year,  and  at  such  times  and  places  as  may  be  pre- 
scribed by  ordinance. 


ARTICLE  III. 

OF  THE  CHIEF  EXECUTIVE  OFFICERS. 

Section  1.  The  chief  executive  officer  of  the  city  shall  be  a 
mayor,  who  shall  be  elected  by  the  qualified  voters  of  the  city,  and 
shall  hold  his  office  for  one  year,  and  until  his  successor  shall  be 
elected  and  qualified. 

Sec.  2.  No  person  shall  be  eligible  to  the  office  of  mayor,  who 
shall  not  have  been  a resident  of  the  city  for  one  year  next  pre- 
ceding his  election,  or  who  shall  be  under  twenty- one  years  of  age, 
or  who  shall  not  at  the  time  of  his  election  be  a bona  fide  freeholder 
in  said  city,  and  a citizen  of  the  United  States. 

Sec.  3.  If  any  mayor  shall,  during  the  time  for  which  he  shall 
have  been  elected,  remove  from  the  city,  or  shall  cease  to  be  a free- 
holder in  said  city,  his  office  shall  be  vacated. 

Sec.  4.  When  two  or  more  persons  shall  have  an  equal  number 
of  votes  for  mayor,  the  judges  of  election  shall  certify  the  same  to 
the  city  council,  who  shall  proceed  to  determine  the  same  by  lot,  in 
such  manner  as  may  be  provided  for  by  ordinance. 

Sec.  5.  Whenever  an  election  of  mayor  shall  be  contested,  the 
city  council  shall  determine  the  same,  in  such  manner  as  may  be 
provided  by  ordinance. 

Sec.  6.  Whenever  any  vacancy  shall  happen  in  the  office  of 
mayor,  it  shall  be  filled  by  election. 


278 


APPENDIX. 


ARTICLE  IV. 

OF  ELECTIONS. 

Section  1.  On  the  third  Monday  of  April  next,  an  election 
shall  be  held  in  each  ward  of  said  city,  for  one  mayor  for  the  city, 
one  alderman  from  each  ward,  and  forever  thereafter,  on  the  third 
Monday  of  April,  in  each  year  there  shall  be  an  election  ^held  for 
one  mayor  for  the  city,  and  two  aldermen  from  two  of  the  wards ; 
the  first  election  held  for  mayor  and  aldermen  shall  be  held,  con- 
ducted, and  returns  thereof  made  as  may  be  provided  by  ordinance 
of  the  present  trustees  of  the  town  of  Springfield. 

Sec.  2.  All  free  white  male  inhabitants,  citizens  of  the  United 
States,  of  the  age  of  twenty-one  years,  who  are  entitled  to  vote  for 
State  officers,  and  who  shall  have  been  actual  residents  of  said  city 
six  months  next  preceding  said  election,  shall  be  entitled  to  vote  for 
for  city  officers  ; Provided,  that  the  said  voters  shall  give  their  votes 
mayor  and  aldermen  in  wards  in  the  which  they  respectively  reside, 
and  in  no  other ; and  that  no  vote  shall  be  received,  at  any  of  said 
elections,  unless  the  person  offering  such  vote,  shall  have  been  an 
actual  resident  of  the  ward  where  the  same  is  offered,  at  least  ten 
days  next  preceding  such  election. 


ARTICLE  Y. 

OF  THE  LEGISLATIVE  POWERS  OF  THE  CITY  COUNCIL. 

Section  1.  The  city  council  shall  have  power  and  authority  to 
levy  and  collect  taxes  upon  all  property,  real  and  persona],  within 
the  city,  not  exceeding  one  half  per  cent,  per  annum  upon  the  as- 
sessed value  thereof,  and  may  enforce  the  payment  of  the  same  in 
any  manner  prescribed  by  ordinance  not  repugnant  to  the  constitu- 
tion of  the  United  States  and  of  this  state. 

Sec.  2.  The  city  council  shall  have  power  to  require  of  all  offi- 
cers appointed  in  pursuance  of  this  charter,  bonds  with  penalty  and 
security  for  the  faithful  performance  of  their  respective  duties  as 
may  be  deemed  expedient,  and  also  to  require  all  officers  appointed 
as  aforesaid  to  take  an  oath  for  the  faithful  performance  of  the 
duties  of  their  respective  offices  upon  entering  upon  the  discharge 
of  the  same. 

Sec.  3.  To  establish,  support,  and  regulate  common  schools,  to 
borrow  money  on  the  credit  of  the  city ; Provided,  that  no  sum  or 


STATE  LAWS  RELATING  TO  THE  CITY. 


279 


sums  of  money  shall  be  borrowed  at  a greater  interest  than  six  per 
cent,  per  annum,  nor  shall  the  interest  on  the  aggregate  of  all  the 
sums  borrowed  and  outstanding  ever  exceed  one  half  of  the  city 
revenue  arising  for  taxes  assessed  on  real  property  within  the  cor- 
poration. 

Sec.  4.  To  make  regulations  to  prevent  the  introduction  of  con- 
tagious diseases  into  the  city,  to  make  quarantine  laws  for  that  pur- 
pose, and  enforce  the  same. 

Sec.  5.  To  appropriate  and  provide  for  the  payment  of  the  debt 
and  expenses  of  the  city. 

Sec.  6.  To  establish  hospitals,  and  make  regulations  for  the 
government  of  the  same. 

Sec.  7.  To  make  regulations  to  secure  the  general  health  of  the 
inhabitants,  to  declare  what  shall  be  a nuisance,  and  to  prevent  and 
remove  the  same. 

Sec.  8.  To  provide  the  city  with  water,  to  dig  wells  and  erect 
pumps  in  the  streets  for  the  extinguishment  of  fires,  and  conveni- 
ence of  the  inhabitants. 

Sec.  9.  To  open,  alter,  widen,  extend,  establish,  grade,  pave, 
or  otherwise  improve  and  keep  in  repair  streets,  avenues,  lanes  and 
alleys. 

Sec.  10.  To  establish,  erect,  and  keep  in  repair,  bridges. 

Sec.  11.  To  divide  the  city  into  wards,  and  specify  the  boun- 
daries thereof,  and  create  additional  wards,  as  the  occasion  may 
require. 

Sec.  12.  To  provide  for  lighting  the  streets  and  erecting  lamp 
posts. 

Sec.  13.  To  establish,  support,  and  regulate  night  watches. 

Sec.  14.  To  erect  market  houses,  establish  markets,  and 
market  places,  and  provide  for  the  government  and  regulation 
thereof. 

Sec.  15.  To  provide  for  erecting  all  needful  buildings  for  the 
use  of  the  city. 

Sec.  16.  To  provide  for  inclosing,  improving,  regulating  all 
public  grounds  belonging  to  the  city. 

Sec.  17.  To  license,  tax,  regulate  auctioneers,  merchants  and 
retailers,  grocers,  taverns,  ordinaries,  hawkers,  peddlers,  brokers, 
pawn  brokers,  and  money  changers. 

Sec.  18.  To  license,  tax,  and  regulate  hacking,  carriages, 
wagons,  carts  and  drays,  and  fix  the  rates  to  be  charged  for  the 
carriage  of  persons,  and  for  the  wagonage,  cartage,  and  dray  age  of 
property. 

Sec.  19.  To  license  and  regulate  porters  and  fix  the  rates  of 
porterage. 


280 


APPENDIX. 


Sec  20.  To  license  and  regulate  theatrical  and  other  exhibi- 
tions, shows  and  amusements. 

Sec.  21.  To  tax,  restrain,  prohibit  and  suppress  tippling  houses, 
dram  shops,  gaming  houses,  ba'wdj  and  other  disorderly  houses. 

Sec.  22.  To  provide  for  the  prevention  and  extinguishment  of 
fires,  and  to  organize  and  establish  fire  companies. 

Sec.  23.  To  regulate  the  fixing  of  chimneys  and  the  flues  there- 
of, and  stove  pipes. 

Sec.  24.  To  regulate  the  storage  of  gunpowder,  tar,  pitch,  rosin, 
and  other  combustible  materials. 

Sec.  25.  To  regulate  and  order  parapet  walls  and  partition 
fences. 

Sec.  26.  To  establish  standard  weights  and  measures,  and  regu- 
late the  weights  and  mejisures  to  be  used  in  the  city,  in  all  other 
cases  not  provided  for  by  law. 

Sec.  27.  To  provide  for  the  inspection  and  measuring  of  lumber 
and  other  building  materials : and  for  the  measurement  of  all  kinds 
of  mechanical  work. 

Sec.  28.  To  provide  for  the  inspection  and  weighing  of  hay, 
lime,  and  stone  coal,  the  measuring  of  charcoal,  fire  wood,  and  other 
fuel,  to  be  sold  or  used  within  the  city. 

Sec.  29.  To  provide  for  and  regulate  the  inspection  of  tobacco, 
and  of  beef,  pork,  flour,  meal,  and  whiskey  in  barrels. 

Sec.  30.  To  regulate  the  weight,  quality,  and  price  of  bread 
sold  and  used  in  the  city. 

Sec.  31.  To  provide  for  taking  the  enumeration  of  the  inhabi- 
tants of  the  city. 

Sec.  32.  To  regulate  the  election  of  city  officers,  and  provide 
for  removing  from  office  any  person  holding  an  office  created  by 
ordinance. 

Sec.  33.  To  fix  the  compensation  of  all  city  officers,  and  regu- 
late the  fees  of  jurors,  witnesses  and  others,  for  services  rendered 
under  this  act  or  any  ordinance. 

Sec.  34.  To  regulate  the  police  of  the  city,  to  impose  fines,  and 
forfeitures  and  penalties,  for  the  breach  of  any  ordinance,  and  pro- 
vide for  the  recovery  and  appropriation  of  such  fines  and  forfeitures, 
and  the  enforcement  of  such  penalties. 

Sec.  35.  The  city  council  shall  have  exclusive  power  within  the 
city,  by  ordinance,  to  license,  regulate,  and  suppress  and  restrain 
billiard  tables,  and  from  one  to  twenty  pin  alleys,  and  every  other 
description  of  gaming  or  gambling. 

Sec.  36.  The  city  council  shall  have  power  to  make  all  ordi- 
nances which  shall  be  necessary  and  proper  for  carrying  into 


STATE  LAWS  RELATING  TO  THE  CITY. 


281 


execution  the  powers  specified  in  this  act,  so  that  such  ordinance  be 
not  repugnant  to,  nor  inconsistent  with,  the  constitution  of  the 
United  States  or  of  this  state. 

Sec.  37.  The  style  of  the  ordinances  of  the  city  shall  be  : “ Be 
it  ordained  by  the  city  council  of  the  city  of  Springfield.” 

Sec.  38.  All  ordinances  passed  by  the  city  council  shall,  within 
one  month  after  they  shall  have  been  passed,  be  published  in  some 
newspaper  published  in  the  city,  and  shall  not  be  in  force  until  they 
shall  have  been  published  as  aforesaid. 

Sec.  39.  All  ordinances  of  the  city  may  be  proven  by  the  seal 
of  the  corporation,  and  when  printed  and  published  by  authority  of 
the  corporation,  the  same  shall  be  received  in  evidence  in  all  courts 
and  places  without  further  proof. 

ARIICLE  VI. 

OF  THE  MAYOR. 

Section  1.  The  mayor  shall  preside  at  all  meetings  of  the  city 
council  and  shall  have  a casting  vote  and  no  other.  In  case  of  non- 
attendance  of  the  mayor  at  any  meeting,  the  board  of  aldermen  shall 
appoint  one  of  their  own  members  chairmain,  who  shall  preside  at 
that  meeting. 

Sec.  2.  The  mayor  or  any  two  aldermen  may  call  special  meet- 
ings of  the  city  council. 

Sec.  3.  The  mayor  shall  at  all  times  be  active  and  vigilant  in 
enforcing  the  laws  and  ordinances  for  the  government  of  said  city ; 
he  shall  inspect  the  conduct  of  all  subordinate  officers  of  said  city, 
and  cause  negligence  and  positive  violation  of  duty  to  be  pro- 
secuted and  punished:  he  shall  from  time  to  time  communi- 
cate to  the  aldermen  such  information  and  recommend  all  such 
measures,  as  in  his  opinion  may  tend  to  the  improvement  of  the 
finances,  the  police,  the  health,  security,  comfort  and  ornament  of 
the  city. 

Sec.  4.  He  is  hereby  authorized  to  call  on  any  male  inhabitant 
of  said  city  over  the  age  of  eighteen  years  to  aid  in  enforcing  the 
laws  and  ordinances  ; and  in  case  of  riot,  to  call  out  the  militia  to 
aid  him  in  suppressing  the  same,  or  in  carrying  into  effect  any  law 
or  ordinance,  and  any  person  who  shall  not  obey  such  call  shall  for- 
feit to  said  city  a fine  not  exceeding  five  dollars. 

Sec.  5.  He  shall  have  power  whenever  he  may  deem  it  neces- 
sary to  require  of  any  of  the  officers  of  the  said  city  an  exhibit  of 
his  books  and  papers. 

86 


282 


APPENDIX. 


Sec.  6.  He  shall  have  power  to  execute  all  acts  that  may  be 
required  of  him  by  any  ordinance  made  in  pursuance  of  this  act. 

Sec.  7.  He  shall  be  commissioned  by  the  governor  as  a justice 
of  the  peace  for  said  city  and  county,  and  as  such  shall  be  a con- 
servator of  the  peace  in  the  said  city ; and  shall  have  power  and 
authority  to  administer  oaths,  issue  writs  and  processes  under  the 
seal  of  the  city,  to  take  depositions,  the  acknowledgments  of  deeds, 
mortgages,  and  all  other  instruments  of  writing,  and  certify  to  the 
same  under  the  seal  of  the  city,  which  shall  be  good  and  valid  in 
law. 

Sec.  8.  He  shall  have  exclusive  jurisdiction  in  all  cases  arising 
under  the  ordinances  of  the  corporation,  and  concurrent  jurisdic- 
tion with  all  justices  of  the  peace  in  all  civil  and  criminal  cases 
within  the  limits  of  the  city,  arising  under  the  laws  of  the  state,  and 
shall  receive  the  same  fees  and  compensation  for  his  services  in 
similar  cases. 

Sec.  9.  He  shall  also  have  such  jurisdiction  as  may  he  vested 
in  him  by  ordinance  for  the  purpose  of  enforcing  the  health  and 
quarantine  ordinances  and  regulations  thereof,  and  he  shall  re- 
ceive for  his  services  such  salary  as  shall  he  fixed  by  ordinance  of 
the  city. 

Sec.  10.  In  case  the  mayor  shall  at  any  time  he  guilty  of  pal- 
pable omission  of  duty,  or  shall  willfully  and  corruptly  he  guilty  of 
oppression,  mal-conduct,  or  partiality  in  the  discharge  of  the  duties 
of  his  office,  he  shall  be  liable  to  be  indicted  in  the  circuit  court  of 
Sangamon  county,  and  on  conviction,  he  shall  be  fined  not  more 
than  two  hundred  dollars ; and  the  court  shall  have  power,  on  re- 
commendation of  the  jury,  to  add  to  the  judgment  of  the  court  that 
he  be  removed  from  office. 


ARTICLE  YII. 

PROCEEDINGS  IN  SPECIAL  CASES. 

Section  1.  When  it  shall  be  necessary  to  take  private  property, 
for  opening,  widening,  or  altering  any  public  streets,  lanes,  avenue, 
or  alley,  the  corporation  shall  make  a just  compensation  therefor 
to  the  person  whose  property  is  so  taken ; and  if  the  amount  of 
such  compensation  cannot  be  agreed  upon,  the  mayor  shall  cause 
the  same  to  be  ascertained  by  a jury  of  six  disinterested  freeholders 
of  the  city. 

Sec.  2.  When  the  owners  of  all  the  property  on  any  street, 
lane,  avenue,  alley,  proposed  to  be  opened,  widened  or  al- 


STATE  LAWS  EELATING  TO  THE  CITY. 


283 


tered,  shall  petition  therefor,  the  city  council  may  open,  widen,  or 
alter  such  street,  lane,  avenue,  or  alley  upon  conditions  to  be  pre- 
scribed by  ordinance,  but  no  compensation  shall  in  such  case  be 
made  to  those  whose  property  shall  be  taken,  for  opening,  or  alter- 
ing such  street,  lane,  avenue,  or  alley,  nor  shall  there  be  any 
assessment  of  benefits  or  damages  that  may  accrue  thereby  to  any 
of  the  petitioners. 

Sec.  3.  All  persons  empanelled  to  inquire  into  the  amount  of 
benefits  or  damages  which  shall  happen  to  the  owners  of  property 
proposed  to  be  taken  for  opening,  widening,  or  altering  any  street, 
lane,  avenue,  or  alley,  shall  be  first  sworn  to  that  effect,  and  shall 
return  to  the  mayor  their  inquest  in  writing,  and  signed  by  the 
jurors. 

Sec.  4.  In  ascertaining  the  amount  of  compensation  for  prop- 
erty taken  for  opening,  widening,  or  altering  any  street,  lane, 
avenue,  or  alley,  the  jury  shall  take  into  consideration  the  benefit 
as  well  as  the  injury  happening  by  such  opening,  widening,  or  alter- 
ing such  streets,  lanes,  avenues,  or  alleys. 

Sec.  5.  The  mayor  shall  have  power,  for  good  cause  shown 
within  ten  clays  after  any  inquest  shall  have  been  returned  to  him 
as  aforesaid,  to  set  the  same  aside,  and  order  a new  inquest  to  be 
made. 

Sec.  6.  The  city  council  shall  have  power  by  ordinance  to  levy 
and  collect  a special  tax  on  the  holders  of  the  lots  in  any  street, 
lane,  avenue,  or  alley,  or  part  of  any  street,  lane,  avenue,  or  alley, 
according  to  their  respective  fronts  OAvned  by  them,  for  the  purpose 
of  paving  and  grading  the  side  walks,  and  lighting  «uch  streets, 
lanes,  avenues,  or  alleys. 


ARTICLE  VIII. 

MISCELLANEOUS  PROVISIONS. 

Section  1.  The  inhabitants  of  the  city  of  Springfield  are  hereby 
exempted  from  Avorking  on  any  road  beyond  the  limits  of  the  city, 
and  from  paying  any  tax  to  procure  laborers  upon  the  same,  and 
fi‘om  any  tax  for  county  purposes  except  upon  real  estate ; Provided^ 
the  corporation  shall  support  and  provide  for  all  the  resident  pau- 
pers of  said  city,  and  pay  the  expenses  of  the  circuit  court  in  all 
criminal  cases  arising  out  of  the  offenses  of  any  citizen  of  said  city, 
as  also  jail  fees  Avhich  may  accrue  therefrom,  viz:  boarding  and 
lodging  of  criminals,  or  charges  that  may  be  just  and  equitable. 


284 


APPENDIX. 


Sec.  2.  The  city  council  shall  have  power  for  the  purpose  of 
keeping  the  streets,  lanes,  avenues,  or  alleys  in  repair,  to  require 
any  male  inhabitants  in  said  city  of  twenty-one  years  of  age  to  labor 
on  said  street,  lane,  avenue,  or  alley,  not  exceeding  three  days  in 
each  and  every  year  ; and  any  person  failing  to  perform  such  labor 
w^hen  duly  notified  by  the  supervisor,  shall  forfeit  and  pay  not  to 
exceed  one  dollar  per  day  for  each  day  so  neglected  or  refused. 

Sec.  3.  The  city  council  shall  have  power  to  provide  for  the 
punishment  of  offenders,  by  imprisonment  in  the  county  or  city  jail  in 
all  cases  where  such  offenders  shall  fail  or  refuse  to  pay  the  fines 
and  forfeitures  which  may  be  recovered  against  them. 

Sec.  4.  The  city  council  shall  cause  to  be  published  annually, 
a full  and  complete  statement  of  all  moneys  received  and  expended 
by  the  corporation  during  the  preceding  year,  and  on  what  account 
received  and  expended. 

Sec.  5.  All  ordinances  and  resolutions  passed  by  the  president 
and  trustees  of  the  town  of  Springfield  shall  remain  in  force  until 
the  same  shall  have  been  repealed  by  the  city  council  hereby  created ; 
Provided^  no  contract  or  agreement  shall  be  affected  thereby. 

Sec.  6.  All  suits,  actions,  and  prosecutions,  instituted,  com- 
menced, or  brought  by  the  corporation  hereby  created,  shall  be 
instituted,  commenced,  and  prosecuted  in  the  name  of  the  city  of 
Springfield. 

Sec.  7.  All  actions,  fines,  penalties,  and  forfeitures,  which 
have  accrued  to  the  president  and  trustees  of  the  town  of  Spring- 
field,  shall  be  vested  in,  and  prosecuted  by,  the  corporation  hereby 
created. 

Sec.  8.  All  property,  real  and  personal,  heretofore  belonging 
to  the  president  and  trustees  of  the  town  of  Springfield,  for  the 
use  of  the  said  inhabitants  of  said  town,  shall  be,  and  the  same  is 
hereby  declared  to  be  vested  in  the  corporation  hereby  created. 

Sec.  9.  This  charter  shall  not  invalidate  any  act  done  by  the 
president  and  trustees  of  the  town  of  Springfield,  nor  divest  them 
of  any  right  which  may  have  accrued  to  them  prior  to  the  passage 
of  this  act. 

Sec.  10.  The  president  and  trustees  of  the  town  of  Springfield 
shall,  immediately  after  the  passage  of  this  law,  within  the  limits 
of  the  city  of  Springfield,  issue  their  proclamation  for  the  election 
of  officers,  and  cause  the  same  to  be  published  in  all  the  newspapers 
in  said  city,  for  four  weeks  in  succession  prior  to  the  day  of  election 
for  said  officers. 

Sec.  11.  Appeals  shall  be  allowed  from  the  decision  in  all  cases 
arising  under  the  pT’ovisions  of  this  act,  or  any  ordinance  passed  in 
pursuance  thereof,  to  the  circuit  court  of  Sangamon  county,  and 


STATE  LAWS  RELATING  TO  THE  CITY. 


285 


every  such  appeal  shall  be  taken  and  granted  in  the  same  manner 
and  like  ^^IFect  as  appeals  are  taken  from,  and  granted  by,  justices 
of  the  peace  to  the  circuit  court  under  the  laws  of  this  state. 

Sec.  12.  Whenever  the  mayor  shall  absent  himself  from  the 
city,  or  shall  resign,  or  die,  or  his  office  shall  otherwise  be  vacated, 
the  board  of  aldermen  shall  immediately  proceed  to  elect  one  of 
their  number  president,  Avho  shall  be  the  mayor  p'o  tern. 

Sec.  13.  This  act  is  hereby  declared  to  be  a public  act,  and 
may  be  read  in  evidence  in  all  courts  of  law  and  equity  in  this  state 
without  proof. 

Sec.  14.  All  acts  or  parts  of  acts  coming  within  the  provisions 
of  this  charter,  or  contrary  to  or  inconsistent  with  its  provisions, 
are  hereby  repealed. 

Sec.  15.  The  city  marshal,  or  any  other  officer  authorized  to 
execute  writs  or  other  process  issued  by  the  mayor,  shall  have  power 
to  execute  the  same  any  where  within  the  limits  of  the  county  of 
Sangamon,  and  shall  be  entitled  to  the  same  fees  for  traveling  as 
are  allowed  to  constables  in  similar  cases. 

Sec.  16.  It  shall  be  the  duty  of  the  president  and  trustees  of 
the  town  of  Springfield,  immediately  after  the  passage  of  this  act, 
to  cause  the  same  to  be  published  two  weeks  in  succession  in  two  of 
the  public  journals  printed  in  said  town,  and -thereafter  give  notice 
for  a public  meeting  of  the  legal  voters  of  said  town,  who  shall  have 
been  resident  citizens  thereof  at  least  six  months  preceding  said 
meeting,  to  be  held  at  the  court  house  on  the  first  Monday  of  April 
next,  for  the  purpose  of  then  and  there  voting  for  the  adoption  or 
rejection  of  this  act.  The  majority  of  the  legal  voters  there  present 
shall  determine  the  adoption  or  rejection  of  the  same  ; Provided^ 
that  at  any  subsequent  meeting,  like  notice  being  given  as  aforesaid, 
the  same  may  be  adopted  and  take  effect  immediately  thereafter. 

Approved  by  the  council,  February  3,  1840. 


AMENDMENTS  TO  THE  OLD  CITY  CHARTEB. 

I. 

An  act  to  amend  “ An  act  to  incorporate  the  city  of  Springfield/’  approved  February  3, 

1840. — Laws  of  1841,  page  61. 

Section  1.  Be  it  enacted  hy  the  yeo'ple  of  the  State  of  Illinois, 
represented  in  the  General  Assembly : That  so  much  of  the  third 
section  of  article  second,  and  section  second  of  article  third,  of  the 
act  to  which  this  is  an  amendment,  as  requires  the  mayor  and 


286 


APPENDIX. 


aldermen  of  said  city  to  be  citizens  of  the  United  States,  be  and 
the  same  is  hereby  repealed  ; and  hereafter  every  inhabitant  of  said 
city  who  is  entitled  to  vote  for  state  officers,  and  who  has  the  requi- 
site length  of  residence  according  to  the  act  to  which  this  is  an 
amendment,  shall  be  eligible  to  the  office  of  mayor  or  aldermen  of 
said  city. 

Sec.  2.  That  so  much  of  section  second  of  article  fourth  of  the 
act  to  which  this  is  an  amendment,  as  requires  persons  to  be  citizens 
of  the  United  States  to  be  entitled  to  vote  for  city  officers,  be  and 
the  same  is  hereby  repealed,  and  hereafter  every  inhabitant  of  said 
city  who  is  entitled  to  vote  for  state  officers,  and  who  has  the  other 
requisite  qualifications  mentioned  in  said  section  shall  be  entitled 
to  vote  for  city  officers. 

Approved  February  27,  1841. 


1 1 . 

An  act  authorizing  certain  debtors  of  the  State,  to  discharge  their  indebtedness  in  Illinois 
internal  improvement  scrip. — Laws  of  1841,  page  300. 

Section  1.  Be  it  enacted  hy  the peojole  of  the  State  of  Illinois^  re- 
presented in  the  General  Assembly : That  the  obligers  upon  a certain 
bond,  executed  by  sundry  citizens  of  the  city  of  Springfield,  in  favor 
of  the  State  of  Illinois,  for  the  sum  of  fifty  tliousand  dollars,  be 
authorized  to  discharge  the  same,  or  the  balance  due  thereon,  in 
whole  or  in  part,  in  Illinois  internal  improvement  scrip. 

Approved  February  27,  1841. 


III. 

An  act  to  amend  the  charter  of  the  city  of  Springfield. — Laws  of  1843,  page  65. 

Section  1.  Be  it  enacted  by  the  peoyle  of  the  State  of  Illinois^ 
represented  in  the  General  Assembly : That  the  common  council  of 
the  city  of  Springfield,  shall  be  and  they  are  hereby  authorized,  in 
addition  to  the  taxes  already  authorized  to  be  collected,  to  lay  a 
tax  not  exceeding  two  per  cent,  in  each  year,  on  all  the  taxable 
property  in  said  city,  which  shall  be  receivable  in  gold  or  silver, 
auditor’s  warrants,  or  notes  or  certificates  of  the  State  Bank  of 
Illinois,  the  proceeds  of  which  said  tax  shall  be  wholly  applied  to 
the  payment  of  the  bonds  of  the  corporation  of  Springfield  now  held 
by  said  bank. 


STATE  LAWS  RELATING  TO  THE  CITY. 


287 


Sec.  2.  This  act  shall  continue  in  force  until  the  whole  amount 
of  said  bonds,  to  wit : the  sum  of  sixteen  thousand  six  hundred  and 
sixty-six  dollars  and  sixty-six  cents,  with  interest  to  accrue  thereon, 
is  fully  paid,  and  no  longer. 

Approved  February  2B,  1843. 


IV. 

An  act  to  amend  the  act  entitled  ‘‘  An  act  to  incorporate  the  city  of  Springfield. — Laws  of 

18  j 5,  page  285. 

Section  1.  Be  it  enacted  by  the  yeople  of  the  State  of  Illinois 
represeyited  in  the  General  Assembly : That  the  third  section  of  the 
fifth  article  of  the  act  to  which  this  is  an  amendment,  be,  and  the 
same  is  hereby  so  amended,  as,  that  forever  hereafter,  the  said  city 
of  Springfield  shall  not  in  any  one  year,  borrow  any  amount  of 
money,  or  contract  other  indebtedness,  to  a greater  amount  than 
the  whole  sum  of  the  revenue  accruing  to  the  said  city,  for  said 
year,  when  the  said  money  shall  be  so  borroived,  or  said  indebted- 
ness so  contracted,  anything  in  the  said  act  to  which  this  is  an 
amendment  to  the  contrary  notwithstanding. 

Sec.  2.  That  in  addition  to  the  jurisdiction  now  conferred  upon 
the  mayor  of  the  said  city  of  Springfield,  by  virtue  of  the  eighth 
section  of  the  sixth  article  of  the  said  act  to  which  this  is  an  amend- 
ment, the  said  mayor  shall  hereafter  be  clothed  with  the  same 
powers  and  jurisdiction  as  other  justices  of  the  peace  in  and  for 
Sangamon  county ; and  when  acting  as  such  ordinary  justice  of 
the  peace,  he  shall  for  his  official  acts,  receive  the  same  fees  and 
compensation  as  may  be  provided  by  law  for  ordinary  justices  of 
the  peace. 

Approved  February  26,  1845. 


V. 

An  act  to  suspend  an  act  therein  named. — Laws  of  1845,  page  105. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly : That  it  shall  be  lawful  for 
the  city  council  of  the  city  of  Springfield,  to  take  up  all  or  any  part 
of  the  orders  heretofore  issued  by  said  city  on  the  treasurer  there- 
of, on  account  of  certain  money  paid  by  individuals  to  the  State 
Bank  of  Illinois,  and  to  issue  in  lieu  thereof  new  orders  in  sums  as 
may  be  agreed  upon ; — Provided,  none  of  said  new  orders  shall  be 


288 


APPENDIX. 


for  a less  sum  than  live  dollars : — and  Provided  further,  that  nothing 
in  this  act  contained,  shall  authorize  said  city  to  issue  any  orders 
or  other  paper  designed  to  circulate  as  money. 

Approved  March  1,  1845. 


VI. 

An  act  to  amend  the  “act  to  incorporate  the  city  of  Springfield,”  approved  February  3, 

1841  — Laws  of  1849,  page  15. 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois 
represented  in  the  General  Assembly : That  hereafter  the  grand 
jury  of  Sangamon  county  shall  take  cognizance  of  all  offenses  against 
sections  one  hundred  and  twenty-nine,  one  hundred  tind  thirty,  one 
hundred  and  thirty-one,  and  one  hundred  and  thp’ty-two  of  the 
30th  chapter  of  the  Revised  Laws,  entitled  “ Criminal  Jui'ispru- 
dence,”  committed  within  the  city  of  Springfield,  and  any  person 
violating  any  of  said  sections,  or  any  part  thereof,  within  said  city, 
may  be  indicted  hy  the  grand  jury,  and  tried  by  the  circuit  court  of 
said  county,  and  on  conviction  shall  be  punished  as  provided  by  said 
sections,  anvthing  in  the  act  to  which  this  is  an  amendment  to  the 
contrary  notwithstanding.  The  jurisdiction  hereby  conferred  upon 
the  grand  jury  and  circuit  court  aforesaid,  shall  be  concurrent  with 
that  conferred  upon  the  city  council  of  Springfield  by  the  act  to 
which  this  is  an  amendment. 

Sec.  2.  That  the  city  council  of  the  city  of  Springfield  shall 
have  power  on  the  application  of  the  person  or  persons  owning  all 
such  lot  or  lots,  as  may  adjoin  any  street  in  addition  to  said  city,  to 
abolish  said  street  if  they  shall  find  said  street  to  be  useless ; Provid- 
ed, the  person  or  persons  making  said  application  shall  give  notice 
thereof  by  setting  up  a written  notice  of  the  application  on  the  door 
of  the  court  house  in  Springfield,  at  least  twenty  days  before  the 
application  is  made. 

Sec.  3.  This  act  to  be  in  force  from  and  after  its  passage. 

Approved  January  26,  1849. 


VII. 

Aa  act  requiring  the  Sheriff  of  Sangamon  county  to  pay  certain  fines  to  the  treasurer  of 
the  city  of  Springfield. — Laws  of  1851,  page  123. 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  llli7iois, 
repr^nt^  in  the  General  Aeeemhly:  That  all  fees  and  forfeitures 


STATE  LAWS  RELATING  TO  THE  CITY. 


289 


collected  of  any  citizen  of  the  city  of  Springfield,  arising  out  of 
any  indictment  in  the  circuit  court  of  Sar-gamon  county,  for  any 
offense  committed  in  said  city,  shall  be  paid  over  to  the  treasurer 
of  the  city  of  Springfield  by  the  sheriff  or  other  officer  collecting 
the  same.  This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  15, 1851. 


[No.  2.] 

TAXATION. 


An  act  for  the  assessment  of  property.  Approved  February  12,  1853.— -Laws  of  1858, 

page  35. 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois , 
represented  in  the  Greneral  Assembly : That  all  property,  whether 
real  or  personal,  in  this  state;  all  moneys,  credits,  investments  in 
bonds,  stocks,  joint-stock  companies,  or  otherwise,  of  persons  resid- 
ing in  this  state,  or  used  or  controlled  by  persons  residing  in  this 
state;  the  property  of  corporations  now  existing  or  hereafter  created, 
and  the  property  of  all  banks,  or  banking  companies,  now  existing, 
or  hereafter  created,  and  of  all  bankers  and  brokers,  except  such 
property  as  is  hereinafter  expressly  exempted,  shall  be  subject  to 
taxation ; and  such  property,  moneys,  credits,  investments  in  bonds, 
stocks,  joint-stock  companies,  or  otherwise,  or  the  value  thereof, 
shall  be  entered  on  the  list  of  taxable  property,  for  that  purpose,  in 
the  manner  prescribed  in  this  act. 

DEFINITIONS. 

Sec.  2.  The  terms  ‘^real  property”  and  ^^land,”  whenever  used 
in  this  act,  shall  be  held  to  mean  and  include  not  only  the  land 
itself,  whether  laid  out  in  town  lots  or  otherwise,  with  all  things 
contained  therein,  but,  also,  all  buildings,  structures  and  improve- 
ments, and  other  fixtures,  of  whatsoever  kind,  thereon,  and  all 
rights  and  privileges  belonging  or  in  any  wise  pertaining  thereto. 
The  term  “investments  in  bonds,”  wherever  used  in  this  act,  shall 
be  held  to  mean  and  include  all  moneys  invested  in  bonds,  of  what- 
soever kind,  whether  issued  by  incorporated  or  unincorporated 
companies,  towns,  cities,  counties,  states,  or  other  corporations,  or 
37 


290 


APPENDIX 


by  the  United  States,  held  or  controlled  by  persons  residing  in  this 
state,  Avhether  for  themselves,  or  as  guardians,  trustees,  or  agents, 
on  which  the  holder  thereof  is  receiving,  or  is  entitled  to  receive 
interest.  The  term  “investment  in  stocks,”  wherever  used  in  this 
act,  shall  be  held  to  mean  and  include  all  mone^^s  invested  in  the 
public  stocks  of  this  or  any  other  state,  or  of  the  United  States,  or 
in  any  association,  corporation,  joint-stock  company,  or  otherwise, 
the  stock  or  capital  of  which  is  or  may  be  divided  into  shares,  which 
are  transferable  by  the  owner,  without  the  consent  of  the  other 
partners  or  stock-holders,  for  the  taxation  of  which  no  special  pro- 
vision is  made  by  this  act,  held  by  persons  residing  in  this  state, 
either  for  themselves,  or  as  guardians,  trustees,  or  agents.  The 
term  “oath,”  wherever  used  in  this  act,  shall  be  held  to  mean  oath 
or  affirmation.  Every  word  in  this  act  importing  the  masculine 
gender,  may  extend  and  be  applied  to  females  as  well  as  males. 
The  term  “personal  property,”  wherever  used  in  this  act,  shall  be 
held  to  mean  and  include  every  tangible  thing,  being  the  subject  of 
ownership,  whether  animate  or  inanimate,  other  than  money,  and 
not  forming  part  of  any  parcel  of  real  property,  as  hereinbe- 
fore defined.  The  capital  stock,  undivided  profits,  and  all  other 
means,  not  forming  part  of  the  capital  stock  of  every  company, 
whether  incorporated  or  unincorporated,  and  every  share,  portion, 
or  interest  in  such  stock,  profits,  or  means,  by  whatsoever  name 
they  may  be  designated,  inclusive  of  every  share  or  portion,  right, 
or  interest,  either  legal  or  equitable,  in  and  to  every  ship,  vessel, 
or  boat,  of  whatsoever  name  or  description,  used  or  designed  to  be 
used,  either  exclusively  or  partially,  in  navigating  any  of  the  waters 
within  or  bordering  on  this  state,  whether  such  ship,  vessel,  or  boat 
shall  be  within  the  jurisdiction  of  this  state,  or  elsewhere,  and 
whether  the  same  shall  have  been  enrolled,  registered  or  licensed  at 
any  collector’s  office,  or  within  any  county  or  collector’s  district  in 
this  state  or  not.  The  term  “money”  or  “moneys,”  wherever 
used  in  this  act,  shall  be  held  to  mean  gold  and  silver  coin,  and 
bank  notes  in  actual  possession,  and  every  deposit  which  the  person 
owning,  holding  in  trust,  or  having  the  beneficial  interest  therein, 
is  entitled  to  withdraw  in  money  on  demand.  The  term  “credits,” 
wherever  used  in  this  act,  shall  be  held  to  mean  and  include  every 
claim  or  demand  for  money,  labor,  or  other  valuable  thing,  due  or 
to  become  due,  or  every  annuity,  or  sum  of  money  receivable  at 
stated  periods,  and  all  money  invested  in  property  of  any  kind 
which  is  secured  by  deed,  mortgage,  or  otherwise,  which  the  person 
holding  such  deed,  or  mortgage,  or  evidence  of  claim,  is  bound  by 
any  lease,  contract  or  agreement,  to  reconvey,  release,  or  assign, 
upon  the  payment  of  any  specific  sum  or  sums : Provided^  that 


STATE  LAWS  KELATING  TO  THE  CITY. 


291 


pensions  receivable  from  the  United  States,  or  from  any  state,  sala- 
ries or  payments  expected  to  be  received  for  labor  or  services  to  be 
performed  or  rendered,  shall  not  be  held  to  be  annuities  within  the 
meaning  of  this  act.  The  term  ‘^property,”  wherever  used  in  this 
act,  shall  be  held  to  mean  and  include  every  tangible  thing  being 
the  subject  of  ownership,  whether  animate  or  inanimate,  real  or 
personal. 

PROPEETY  EXEMPT  FROM  TAXATION. 

Sec.  3.  All  property  described  in  this  section,  to  the  extent 
herein  limited,  shall  be  exempt  from  taxation ; that  is  to  say — 

First.  All  lands  donated  for  school  purposes,  and  not  sold  or 
leased.  All  public  school  houses,  and  houses  used  exclusively  for 
public  worship,  the  books  and  furniture  therein,  and  the  grounds 
attached  to  such  building,  necessary  for  the  proper  occupancy,  use 
and  enjoyment  of  the  same,  and  not  leased  or  otherwise  used  with  a 
view  to  profit.  All  colleges,  academies;  all  endowments  made  for 
their  support;  all  buildings  connected  with  the  same,  and  all  lands 
connected  with  institutions  of  learning,  not  used  with  a view  to 
profit.  This  provision  shall  not  extend  to  leasehold  estates  of  real 
property,  held  under  the  authority  of  any  college  or  university  of 
learning. 

Second.  All  lands  used  exclusively  as  grave-yards,  or  grounds 
for  burying  the  dead. 

Third.  All  government  lands  belonging  to  the  United  States, 
and  all  property,  whether  real  or  personal,  belonging  to  this  state, 
and  all  the  swamp  and  overflowed  lands  belonging  to  the  several 
counties  of  this  state,  so  long  as  the  same  may  remain  unsold  by 
such  counties. 

Fourth.  All  buildings  belonging  to  counties,  used  for  holding 
courts,  for  jails,  or  for  county  offices,  with  the  ground  on  which  such 
buildings  are  erected,  not  exceeding  in  any  county  ten  acres. 

Fifth.  All  lands,  houses,  and  other  buildings  belonging  to  any 
county,  town,  or  city,  used  exclusively  for  the  accommodation  or 
the  support  of  the  poor. 

Sixth.  All  buildings,  with  the  furniture  appertaining  thereto, 
belonging  to  institutions  of  purely  public  charity,  together  with  the 
lands  actually  occupied  by  such  institutions,  not  leased  or  otherwise 
used  with  a view  to  profit;  and  all  moneys  and  credits  appropriated 
solely  to  sustaining,  and  belonging  exclusively  to  such  institutions. 

Seventh.  All  fire  engines,  and  other  implements  used  for  the  ex- 
tinguishment of  fires,  with  the  buildings  used  exclusively  for  the  safe 
keeping  thereof,  and  for  the  meetings  of  fire  companies,  whether 
belonging  to  any  town,  or  to  any  fire  company  organized  therein. 


292 


APPENDIX. 


Eighth.  All  market  houses,  public  squares,  or  other  public 
grounds,  used  exclusively  for  public  purposes;  and  all  works,  ma- 
chinery, and  fixtures,  belonging  exclusively  to  any  town  or  city, 
and  used  exclusively  for  conveying  water  to  such  town  or  city. 

Ninth.  No  person  shall  be  required  to  list  a greater  portion  of 
any  credits  than  he  believes  will  be  received  or  can  be  collected; 
nor  any  greater  portion  of  any  obligation  given  to  secure  the  pay- 
ment of  rent,  than  the  amount  that  shall  have  accrued  on  the  lease, 
and  shall  remain  unpaid  at  the  time  of  such  listing.  No  person 
shall  be  required  to  include  in  his  statement,  as  a part  of  the  per- 
sonal property,  moneys,  credits,  investments  in  bonds,  stocks,  joint- 
stock  companies,  or  otherwise,  which  he  is  required  to  list,  any  share 
or  portion  of  the  capital  stock  or  property  of  any  company  or  cor- 
poration which  is  required  to  list  or  return  its  capital  and  property 
for  taxation  in  this  state,  nor  shall  any  partner  be  required  to  list 
or  return  any  property,  liability  or  supposed  balance  of  said  part- 
nership due  him,  the  property,  effects,  and  credits  of  said  partnership 
being  listed  by  any  other  partner. 

BY  WHOM,  WHERE,  AND  IN  WHAT  MANNER  PROPERTY  SHALL  BE 

LISTED. 

Sec.  4.  Every  person  of  full  age  and  sound  mind,  not  a married 
woman,  shall  list  the  real  property  of  which  he  is  the  owner,  situate 
in  the  town  or  district  in  which  he  resides,  the  personal  property  of 
which  he  is  the  owner,  all  moneys  in  his  possession,  money  loaned 
or  invested,  and  all  other  property  of  which  he  is  the  oinier;  and 
he  shall  also  list  all  moneys  invested,  loaned,  or  otherwise  controlled 
by  him,  as  the  agent  or  attorney,  or  on  account  of  any  other  person 
or  persons,  company  or  corporation  whatsoever,  and  all  moneys 
deposited,  subject  to  his  order,  check  or  draft,  and  credits  due  from 
or  owing  by  any  person  or  persons,  body  corporate  or  politic,  whe- 
ther in  or  out  of  such  county.  The  property  of  every  ward  shall 
be  listed  by  his  guardian ; of  every  minor  child,  idiot  or  lunatic, 
having  no  other  guardian,  by  his  father,  if  living,  if  not,  by  his 
mother,  if  living,  and  if  neither  father  nor  mother  be  living,  by  the 
person  having  such  property  in  charge  ; of  every  wife,  by  her  hus- 
band, if  of  sound  mind,  if  not,  by  herself;  of  every  person  for  whose 
benefit  property  is  held  in  trust,  by  the  trustee ; of  the  estate  of  a 
deceased  person,  by  the  executor  or  administrator;  of  corporations 
vhose  assets  are  in  the  hands  of  receivers,  by  such  receivers;  of 
every  company,  firm,  body  politic  or  corporate,  by  the  president  or 
principal  accounting  ofiicer,  partner,  or  agent  thereof.  Every  per- 
son required  to  list  property  on  behalf  of  others,  by  the  provisions 


STATE  LAWS  RELATING  TO  THE  CITY 


293 


of  this  act,  shall  list  it  in  the  same  connt}^,  town,  or  district  in 
which  he  would  be  required  to  list  it  if  such  property  were  his  own ; 
but  he  shall  list  it  separately  from  his  own,  specifying  in  each  case 
the  name  of  the  person,  estate,  company  or  corporation  to  whom  it 
belongs.  Real  property  shall  be  listed  in  the  county,  town,  or  dis- 
trict where  it  belongs;  personal  property,  moneys,  and  credits, 
except  such  as  is  required  to  be  listed  otherwise,  shall  be  listed  in 
the  county,  town,  or  district  where  the  owner  resides ; the  property 
of  banks  or  bankers,  brokers,  stock-jobbers,  insurance  or  other  com- 
panies, merchants,  and  manufacturers,  shall  be  listed  in  the  county, 
town  or  district  where  their  business  is  usually  done:  Provided^ 
that  in  the  counties  of  the  Military  Tract,  owners  of  real  estate 
shall  not  be  compelled  to  return  the  same  if  they  desire  it  to  go  to 
sale,  and  so  inform  the  assessor. 

Sec.  5.  Property  held  under  a lease  for  a term  exceeding  ten 
years,  belonging  to  the  state,  or  to  any  religious,  scientific  or  be- 
nevolent society  or  institution,  whether  incorporated  or  unincorpor- 
ated, and  school  and  ministerial  lands,  shall  be  considered,  for  all 
purposes  of  taxation,  as  the  property  of  the  pers(>n  so  holding  the 
same,  and  shall  be  listed  as  such,  by  such  person,  or  his  agent,  as 
in  other  cases. 

Sec.  6.  Each  person  required  to  list  property,  shall  make 
out,  sign  and  deliver  to  the  assessor,  v/hen  required,  a certified 
statement  of  all  the  personal  property,  moneys,  credits,  investments 
in  bonds,  stocks,  joint-stock  companies,  or  otherwise,  in  his  posses- 
sion, or  under  the  control  of  such  person,  which  he  is  required  to 
list  for  taxation,  either  as  owner  or  holder  thereof,  or  as  guardian, 
parent,  husband,  trustee,  executor,  administrator,  receiver,  account- 
ing officer,  partner,  agent,  or  factor.  Personal  property  shall  be 
listed  with  reference  to  the  quantity  on  hand  and  owned  on  the  first 
day  of  May  in  the  year  for  which  the  property  is  required  to  be 
listed,  including  the  property  purchased  on  that  day. 

Sec.  7.  Such  statement  shall  truly  and  distinctly  set  forth: 

First.  The  nuttiber  of  horses,  and  the  value  thereof. 

Second.  The  number  of  neat  cattle,  and  the  value  thereof. 

Third.  The  number  of  mules  and  asses,  and  the  value  thereof. 

Fourth.  The  number  of  sheep,  and  the  value  thereof. 

Fifth.  The  number  of  hogs,  and  the  value  thereof. 

Sixth.  Every  carriage  and  wagon,  of  whatsoever  kind,  and  the 
value  thereof. 

Seventh.  Every  watch  and  clock,  and  the  value  thereof. 

Eighth.  Every  piano-forte,  and  the  value  thereof. 

Ninth.  The  value  of  the  goods  and  merchandise  which  such  per- 
son is  required  to  list  as  a merchant. 


294 


APPENDIX. 


Tenth.  The  value  of  the  property  which  such  person  is  required 
to  list  as  a banker,  broker  or  stock-jobber. 

Eleventh.  The  value  of  materials  and  manufactured  articles 
which  such  person  is  required  to  list  as  a manufacturer. 

Twelfth.  The  value  of  moneys  and  credits  required  to  be  listed. 

Thirteenth.  The  value  of  moneys  invested  in  bonds,  stocks, 
joint-stock  companies,  or  otherwise,  w'hich  such  person  is  required 
to  list. 

Fourteenth.  The  total  value  of  all  other  personal  property,  in- 
cluding household  furniture : Provided.,  that  the  value  of  such 
property  shall  be  determined  by  the  assessor. 

Sec.  8.  If  any  person  shall  give  a false  and  fraudulent  list,  or 
shall  refuse  to  deliver  to  the  assessor,  when  called  on  for  that  pur- 
pose, a list  of  his  or  her  taxable  property,  as  required  by  law, 
the  said  assessor,  as  a penalty  therefor,  shall  assess  the  property  of 
such  person  at  double  its  value ; and  if  said  assessor  shall  neglect  or 
refuse  so  to  do,  he  shall  be  liable  in  each  case  to  a penalty  of  fifty 
dollars,  to  be  recovered  at  the  suit  of  any  person  who  may  sue  for 
the  same. 

Sec.  9.  If  the  assessor  believes  that  any  property  has  been 
valued  at  less  than  its  true  value,  in  accordance  with  the  rules  and 
customs  of  valuing  property  for  taxation,  he  shall  value  and  charge 
such  property  at  its  true  value,  and  shall  notify  the  person  listing 
such  property  of  such  increased  valuation. 

RULES  FOR  VALUING  PROPERTY. 

Sec.  10.  Each  separate  parcel  of  real  property  shall  be  valued 
at  its  true  value  in  money,  excluding  the  value  of  crops  growing 
thereon  ; but  the  price  for  which  such  real  property  would  sell  at  a 
forced  sale,  shall  not  be  taken  as  the  criterion  of  such  value.  Each 
tract  or  lot  of  real  property  belonging  to  this  state,  or  to  any  county, 
city,  town,  or  charitable  institution,  whether  incorporated  or  unin- 
corporated, and  school  or  ministeral  lands,  held  under  lease  for  a 
term  exceeding  ten  years,  shall  be  valued  at  such  price  as  the  as- 
sessor believes  could  be  obtained  at  private  sale  for  such  leasehold 
estate.  Personal  property  of  every  description  shall  be  valued  at 
the  usual  selling  price  of  similar  property  at  the  time  of  listing,  and 
in  the  county  where  the  same  may  then  be;  and  if  there  be  no 
usual  selling  price  knowm  to  the  person  whose  duty  it  shall  be  to 
fix  a value  thereon,  then  at  such  price  as  it  is  believed  could  be  ob- 
tained therefor  in  money  at  such  time  and  place.  Investments  in 
bonds,  stocks,  joint-stock  companies,  or  otherwise,  shall  be  valued 
at  the  true  value  thereof  in  money.  Money,  whether  in  possession 


STATE  LAWS  RELATING  TO  THE  CITY. 


295 


or  on  deposit,  shall  be  entered  in  the  statement  at  the  full  amount 
thereof:  Provided^  that  depreciated  hank  notes  shall  he  entered  at 
their  current  value.  Every  credit  for  a sum  certain,  payable  either 
in  money  or  property  of  any  kind,  shall  he  valued  at  the  full  price 
of  the  sum  so  payable;  if  for  a sjiecific  article,  or  for  a specified 
number  or  quantity  of  any  article  or  articles  of  property,  or  for  a 
certain  amount  of  labor  done,  or  for  services  of  any  kind  rendered, 
it  shall  be  valued  at  the  current  price  of  such  property,  or  of  such 
labor  or  service,  at  the  place  payable.  Annuities,  or  moneys  re- 
ceivable at  stated  periods,  shall  be  valued  at  the  price  which  the 
person  listing  the  same  believes  them  to  be  worth  in  money. 


OF  DEDUCTIONS  MADE  FROM  MONEYS  AND  CREDITS. 


Sec.  11.  In  making  up  the  amount  of  moneys  and  credits  which 
any  person  is  required  to  list  for  himself,  or  any  other  person,  com- 
pany or  corporation,  he  shall  be  entitled  to  deduct  from  the  gross 
amount  of  moneys  and  credits,  the  amount  of  all  hona  fide  debts 
owing  by  such  person,  company,  or  corporation,  to  any  other  per- 
son, company,  or  corporation,  for  a consideration  received;  but  no 
acknowledgment  of  indebtedness  not  founded  on  actual  considera- 
tion, believed  when  received  to  have  been  adequate,  and  no  such 
acknowledgment  made  for  the  purpose  of  being  so  deducted  shall 
be  considered  a debt  within  the  meaning  of  this  section  ; and  so 
much  only  of  any  liability,  as  surety  for  others,  shall  be  deducted  as 
the  person  making  out  the  statement  believes  the  surety  is  legally 
and  equitably  bound  to  pay,  and  so  much  only  as  he  believes  such 
surety  will  be  compelled  to  pay  on  account  of  the  inability  or  insol- 
vency of  the  principal  debtor ; and  if  there  are  other  sureties,  who 
are  able  to  contribute,  then  only  so  much  as  the  surety  in  whose  be- 
half the  statement  is  made  will  be  bound  to  contribute : Provided, 
that  nothing  in  this  section  shall  be  so  construed  as  to  apply  to  any 
bank,  company  or  corporation  exercising  banking  powers  or  privi- 
leges. 


12.  No  person,  company  or  corporation,  shall  be  entitled 
to  any  deduction  on  account  of  any  bond,  note,  or  obligation  of  any 
kind,  given  to  any  mutual  insurance  company,  nor  on  account  of 
any  unpaid  subscription  to  any  religious,  literary,  scientific,  or 
charitable  institution,  or  society;  nor  on  account  of  any  subscrip- 
tion to  or  installment  payable  on  the  capital  stock' of  any  company, 
whether  incorporated  or  unincorporated. 


296 


APPENDIX. 


OF  LISTING  AND  VALUING  THE  PROPERTY  OF  MERCHANTS  AND 
MANUFACTURERS,  AND  OF  BANKERS,  EXCHANGE 
BROKERS,  AND  STOCK-JOBBERS. 

Sec.  13.  Every  person  that  shall  own,  or  have  in  his  posses- 
sion, or  subject  to  his  control,  any  personal  property  within  this 
state,  with  authority  to  sell  the  same,  which  shall  have  been  pur- 
chased in  or  out  of  this  state,  with  a view  to  being  sold  at  an  ad- 
vanced price  or  profit,  or  which  shall  have  been  consigned  to  him 
from  any  place  out  of  this  state,  for  the  purpose  of  being  sold  at 
any  place  within  this  state,  shall  be  held  to  be  a merchant;  and 
when  he  shall  be  by  this  act  required  to  make  out  and  deliver  to 
the  assessor  a statement  of  his  other  personal  property,  he  shall 
state  the  value  of  such  property  appertaining  to  his  business  as  a 
merchant ; and  in  estimating  the  value  thereof,  he  shall  take  as  the 
criterion  the  average  value  of  all  such  articles  of  personal  property 
which  he  shall  have  had  from  time  to  time  in  his  possession,  or  un- 
der his  control,  during  the  year  next  previous  to  the  time  of  mak- 
ing such  statement,  if  he  shall  have  been  so  long  engaged  in  busi- 
ness, and  if  not,  then  during  such  time  as  he  shall  have  been  so  en- 
gaged ; and  the  average  shall  be  made  up  by  taking  the  amount  in 
value  on  hand,  as  nearly  as  may  be,  in  each  month  of  the  next 
preceding  year  in  which  the  person  making  such  statement  shall 
have  been  in  business,  adding  together  such  amount,  and  dividing 
the  aggregate  amount  thereof  by  the  number  of  months  that  the 
person  making  the  statement  may  have  been  in  business  during  the 
preceding  year : Provided^  that  no  consignee  shall  be  required  to 
list  for  taxation  the  value  of  any  property,  the  product  of  this 
state,  which  shall  have  been  consigned  to  him  for  sale,  or  otherwise, 
from  any  place  within  the  state,  nor  the  value  of  any  property  con- 
signed to  him  from  any  other  place  for  the  sole  purpose  of  being 
stored  or  forw'arded  : Provided,  he  shall  in  either  case  have  no  in- 
terest in  such  property,  or  any  profit  to  be  derived  from  its  sale  ; 
and  the  yfordi  person,  as  used  in  this  and  the  succeeding  sections, 
shall  be  held  to  mean  and  include  firm,  company  and  incorporation. 

Sec.  14.  Every  person  who  shall  purchase,  receive  or  hold  per- 
sonal property  of  any  description,  for  the  purpose  of  adding  to  the 
value  thereof,  by  any  process  of  manufacturing,  refining,  rectifying, 
or  by  the  combination  of  different  materials,  with  the  view  of  mak- 
ing a gain  or  profit  by  so  doing,  shall  be  held  to  be  a manufacturer ; 
and  he  shall,  when  he  is  required  to  make  out  and  deliver  to  the 
assessor  a statement  of  the  amount  of  his  other  personal  property 
subject  to  taxation,  also  include  in  his  statement  the  average  value, 


STATE  LAWS  RELATING  TO  THE  CITY. 


297 


estimated  as  provided  in  the  preceding  section,  of  all  articles  pur- 
chased or  otherwise  held  for  the  purpose  of  being  used,  in  whole  or 
in  part,  in  any  process  or  operation  of  manufacturing,  combining, 
rectifying,  or  refining,  which  from  time  to  time  he  shall  have  had 
on  hand  during  the  year  next  previous  to  the  time  of  making  such 
statement,  if  he  shall  have  been  so  long  engaged  in  such  manufac- 
turing business,  and  if  not,  then  during  the  time  he  shall  have  been 
so  engaged ; Provided,  that  from  the  value  of  property,  being  the 
product  of  this  state,  the  merchant  or  manufacturer  listing  the  same 
shall  be  entitled  to  deduct,  the  amount  owing  by  him  for  such  prop- 
erty, or  for  moneys  invested  therein:  And  provided  further,  that 
from  the  value  of  property,  being  the  product  or  stock  of  this  state, 
the  farmer  or  dealer  listing  the  same  shall  be  entitled  to  deduct  the 
amount  owing  by  him  for  such  property,  or  for  moneys  invested 
therein. 

Sec.  15.  Every  person  owning  a manufacturing  establishment  of 
any  kind,  and  every  manufacturer,  shall  list,  as  a part  of  his  manu- 
facturer’s stock,  the  value  of  all  engines  and  machinery  of  every 
description,  used  or  designed  to  be  used  in  any  process  of  refining 
or  manufacturing,  ( except  such  fixtures  as  shall  have  been  consid- 
ered as  part  of  any  parcel  or  parcels  of  real  property,)  including  all 
tools  and  implements  of  every  kind,  used  or  designed  to  be  used  for 
the  aforesaid  purposes. 

Sec.  16.  Every  person  who  shall  have  money  employed  in  the 
business  of  dealing  in  coin,  notes,  or  bills  of  exchange,  or  in  the 
business  of  dealing  in,  or  buying  or  selling  any  kind  of  bills  of  ex- 
change, checks,  drafts,  bank  notes,  promissory  notes,  bonds,  or 
other  writings  obligatory,  or  stocks  of  any  kind  or  description 
whatsoever,  shall  be  held  to  be  a banker,  broker,  or  stock-jobber ; 
and  he  shall,  when  he  is  required  to  make  out  and  deliver  to  the 
assessor  a statement  of  the  amount  or  value  of  his  other  personal 
property  subject  to  taxation,  also  include  in  his  statement  the  aver- 
age value,  estimated  as  provided  in  the  thirteenth  section  of  this 
act,  of  all  moneys,  notes,  bills  of  exchange,  bonds,  stocks,  or  other 
property,  appertaining  to  his  business  as  a banker,  broker,  or  stock- 
jobber,  which  he  shall  have  had  from  time  to  time  in  his  possession, 
or  under  his  control,  during  the  year  next  previous  to  the  time  of 
making  such  statement,  if  he  shall  have  been  so  long  engaged  in 
such  business,  and  if  not,  then  during  the  time  he  shall  have  been 
so  engaged. 

Sec.  17.  That  when  any  person  shall  commence  merchandising 
in  any  county  after  the  first  day  of  May  in  any  year,  the  average 
value  of  whose  personal  property  employed  in  merchandising  shall 
not  have  been  previously  entered  on  the  assessor’s  list  for  taxation 

88 


298 


APPENDIX. 


in  said  county,  said  person  shall  report  to  the  clerk  of  the  county, 
who  shall  enter  the  same  upon  the  tax  list,  the  probable  average 
value  of  the  personal  property  by  him  intended  to  he  employed  in 
merchandising  until  the  first  of  May  thereafter,  and  shall  pay  to 
the  collector  of  such  county  a sum  which  shall  bear  the  same  pro- 
portion to  the  levy  for  all  purposes,  on  the  average  value  so  em- 
ployed, as  the  time  from  the  day  on  which  he  shall  commence 
merchandising  as  aforesaid,  to  the  first  of  May  next  succeeding, 
shall  bear  to  one  year:  Provided,  that  if  the  person  so  listing  his 
merchant’s  capital  shall  present  a hona  fide  receipt  from  the  collector 
of  any  county  in  which  such  merchant’s  capital  had  been  previously 
listed  and  taxed  for  the  amount  of  the  taxes  assessed,  and  by  him 
paid  on  the  same  capital  for  the  same  year,  then  and  in  that  case 
it  shall  be  a receipt  from  paying  taxes  again  on  such  capital:  Pro- 
vided fuy'ther,  that  if  the  tax  list  had  been  delivered  to  the  collector 
before  the  receipt  of  such  report,  it  shall  be  the  duty  of  the  clerk, 
within  ten  days  after  receiving  any  such  report,  to  charge  the  same 
to  the  collector,  and  to  notify  such  collector  of  the  amount  so  charged, 
who  shall  collect  and  pay  over  said  amount  in  like  manner,  as  near 
as  may  be,  as  if  it  had  been  regularly  entered  on  the  tax  list. 

Sec.  18.  That  when  any  person  shall  commence  or  engage  in 
the  business  of  dealing  in  stocks  of  any  description,  or  in  buying 
or  selling  any  kind  of  bills  of  exchange,  checks,  drafts,  bank  notes, 
promissory  notes,  or  other  kind  of  wuntings  obligatory,  as  menticned 
in  the  sixteenth  section  of  this  act,  after  the  first  day  of  hlay,  in 
any  year,  the  average  value  of  whose  personal  property  employed 
in  such  business  shall  not  have  been  previously  entered  on  the  as- 
sessor’s list  for  taxation  in  said  county,  such  poison  shall  report  to 
the  county  clerk  of  the  county  the  probable  average  value  of  the 
property  by  him  intended  to  be  employed  in  such  business  until  tlie 
first  day  of  May  thereafter;  wdiicli  amount  shall  be  entered  on  the 
tax  list,  and  the  taxes  collected  as  in  other  cases. 

Sec.  19.  That  if  any  person  shall  commence  or  engage  in  the 
business  of  merchandising,  banking,  brokerage  or  stockjobbing 
aforesaid,  and  shall  not  within  one  month  thereafter  list  his  property 
as  before  required,  he  shall  forfeit  and  pay,  in  addition  to  the  taxes 
authorized  by  lawq  a tax  of  two  per  cent,  on  the  value  of  the  per- 
sonal property  by  him  so  employed,  for  the  use  of  the  count}',  to 
be  charged  and  collected  in  like  manner  as  other  taxes ; said  value 
to  be  ascertained,  as  near  as  may  be,  by  the  assessor,  or  if  he  has 
made  return  of  the  assessment  list,  then  by  the  clerk. 


STATE  LAWS  RELATING  TO  THE  CITY. 


299 


OF  LISTING  AND  VALUING  THE  PROPERTY  OF  BANKS  AND  BANK- 
ING COMPANIES,  AND  OTHER  CORPORATIONS. 

Sec.  20.  It  shall  be  the  duty  of  the  president  and  cashier  of 
every  bank  or  banking  company  that  shall  have  been  or  may  here- 
after be  incorporated  by  the  laws  of  this  state,  and  having  the  right 
to  issue  bills  for  circulation  as  money,  to  make  out  and  return  to 
the  bank  commissioners,  in  the  month  of  May  annually,  a written 
statement,  containing  the  average  amount  of  notes  and  bills  dis- 
counted or  purchased  by  such  bank  or  banking  company,  which 
amount  shall  include  all  the  loans  or  discounts  of  such  bank  or 
banking  company,  whether  originally  made,  or  renewed  during  the 
year  next  preceding  the  first  of  May  aforesaid,  or  at  any  time 
previous,  whether  made  on  bills  of  exchange,  notes,  bonds,  mort- 
gages, or  any  other  evidence  of  indebtedness,  at  their  actual  value 
in  money,  whether  due  previous  to,  during,  or  after  the  period 
aforesaid,  and  on  which  such  bank  or  banking  company  has  at  any 
time  reserved  or  received,  or  is  entitled  to  receive  any  profit  or 
other  consideration  whatever,  either  in  the  shape  of  interest,  dis- 
count, exchange  or  otherwise.  Stocks  deposited  with  the  state 
treasurer,  shall  be  valued  at  the  rate  at  which  they  are  deposited. 
The  bank  commissioners  shall  proceed  to  ascertain  the  amount  of 
the  property  valued  in  accordance  with  the  provisions  of  this  act, 
and  make  return  thereof  to  the  auditor,  who  shall  report  the  same 
to  the  clerk  of  the  proper  county,  and  said  clerk  shall  enter  the 
same  on  the  tax  list  for  taxation. 

Sec.  91.  To  ascertain  the  amount  of  the  notes  and  bills  dis- 
counted and  purchased,  and  all  other  effects,  or  dues,  of  every  de- 
scription, belonging  to  such  bank  or  banking  company,  and  liable 
to  taxation,  there  shall  be  taken  as  a criterion  the  average  amount 
of  the  aforesaid  items  for  each  month  during  the  year  next  previous 
to  the  time  of  making  such  statement,  if  such  bank  or  banking  com- 
pany shall  have  been  so  long  engaged  in  business,  and  if  not,  then 
during  such  time  as  such  bank  or  banking  company  shall  have  been 
engaged  in  business  ; and  the  average  shall  be  made  by  adding  to- 
gether the  amount  so  found  belonging  to  such  bank  or  banking 
company  in  each  month  said  bank  or  banking  company  was  so  en- 
gaged in  business,  and  dividing  the  same  by  the  number  of  months 
said  bank  or  banking  company  was  thus  engaged  in  business. 

Sec.  22.  The  president,  secretary,  or  principal  accounting  of- 
ficer of  every  railroad  company,  turnpike  or  plank  road  company, 
insurance  company,  telegraph  company,  or  other  joint-stock  com- 
pany, except  corporations  whose  taxation  is  specifically  provided  for 


300 


APPENDIX. 


by  law,  for  whatever  purpose  they  may  have  been  created,  whether 
incorporated  by  any  law  of  this  state  or  not,  shall  list  for  taxation, 
at  its  actual  value,  its  real  and  personal  property,  moneys  and  cre- 
dits, within  this  state,  in  the  manner  following : 

In  all  cases  return  shall  be  made  to  the  assessor  of  each  of  the 
respective  counties  where  such  property  may  be  situated,  together 
with  a statement  of  the  amount  of  said  property  which  is  situated  in 
each  county,  town,  city,  or  ward  therein. 

The  value  of  all  moveable  property  shall  bo  added  to  the  station- 
ary and  fixed  property  and  real  estate,  and  apportioned  to  such 
wards,  towns,  cities,  and  counties,  pro  rata^  in  proportion  to  the 
value  of  the  real  estate  and  fixed  property  in  said  ward,  town,  city, 
or  county.*  The  capital  stock  of  bridge  companies  shall  be  assessed 
in  the  town  where  their  principal  office  is  located. 

If  the  county  assessor  to  whom  returns  are  made  is  of  opinion 
that  false  or  incorrect  valuations  have  been  made,  or  that  the  pro- 
perty of  the  corporation  or  association  has  not  been  listed  at  its  full 
value,  or  that  is  has  not  been  listed  in  the  location  where  it  properly 
belongs,  or  in  cases  where  no  return  has  been  made  to  the  county 
assessor,  he  is  hereby  required  to  proceed  to  have  the  same  valued 
and  assessed  in  the  same  manner  as  is  prescribed  in  the  several 
sections  of  this  act  regulating  the  duties  of  county  assessors  in 
cases  of  refusal  or  neglect  to  list  property  : Provided^  that  every 
agency  of  an  insurance  company,  incorporated  by  the  authority  of 
any  other  state  or  government,  shall  return  to  the  assessor  of  the 
county  in  which  the  office  or  agency  of  such  company  may  be  kept, 
in  the  month  of  May,  annually,  the  amount  of  the  gross  receipts  of 
such  agency,  which  shall  be  entered  on  the  tax  list  of  the  proper 
county,  and  subject  to  the  same  rate  of  taxation  for  all  purposes 
that  other  personal  property  is  subject  to  at  the  place  where  lo- 
cated. 


* The  “rolling  stock  ” of  railroad  corporations,  “ shall  le  listed  and  taxed  in  the  several 
counties,  towns,  and  cities,  pro  rata  in  proportion  as  the  length  of  the  main  track  in  such 
county,  town,  or  city,  bears  to  the  whole  length  of  the  road.  All  other  property  shall  he 
listed  and  taxed  in  the  county,  town,  or  city  where  the  same  is  located  or  used.”  See 
Sec.  4,  of  “ An  act  to  amend  the  assessment  and  revenue  laws.” — Approved  Feb.  14,  1855. 
Laws  of  1855,  page  35.  Purple’s  Statutes,  part  2,  page  994. 

As  to  the  manner  of  listing  and  taxing  the  property  of  railroad  corporation,  see  sections 
2,  3,  4,  and  12  of  same  act. 


STATE  LAWS  RELATING  TO  THE  CITY 


801 


[No.  3.] 

POLICE  MAGISTRATES. 


An  act  for  the  better  government  of  Towns  and  Cities,  and  to  amend  the  Charters 

thereof. — Laws  of  1854,  page  11. 


Section  1.  Be  it  enacted  hy  the  people  o'^  the  State  of  Illinois, 
represented  in  the  General  Assembly : That  there  shall  be  estab- 
lished in  each  of  the  cities  of  this  state  inferior  courts  of  civil  and 
criminal  jurisdiction,  which  shall  be  called  police  magistrates’ 
courts. 

Sec.  2.  That  there  shall  be  elected  in  each  of  the  incorporated 
towns  and  cities  of  this  state,  the  population  of  which  shall  not  ex- 
ceed six  thousand,  an  officer  wdio  shall  be  styled  police  magistrate 

of  the  city  of , or  town  of , as  the  case  may  be  ; in 

each  city  of  this  state  having  a population  of  over  six  thousand  and 
not  exceeding  twelve  thousand,  there  shall  be  elected  two  police 
magistrates,  and  in  the  cities  of  this  state  whose  population  shall 
exceed  twelve  thousand  there  shall  be  elected  three  police  magis- 
trates. Said  magistrates  shall  be  elected  by  the  legal  voters  of 
such  city  or  town  at  the  next  regular  election  for  city  or  town  offi- 
cers, and  every  four  years  thereafter. 

Sec.  3.  Said  police  magistrates  when  elected  shall  be  commis- 
sioned and  qualified  ift  the  same  manner  as  justices  of  the  peace 
are,  and  shall  have  in  their  respective  counties  the  same  jurisdic- 
tion, powers  and  emoluments  as  other  justices  of  the  peace  in  this 
state ; and  they  shall  also  have  jurisdiction  in  all  cases  arising  un- 
der the  ordinances  of  their  respective  towns  and  cities,  and  for  any 
breaches  thereof,  where  the  amount  claimed  shall  not  exceed  one 
hundretl  dollars,  and  in  all  cases  arising  under  the  ordinances  of 
towns  and  cities  said  magistrates  shall  be  entitled  to  the  same  fees 
as  justices  of  the  peace  now  are  for  similar  services,  and  to  be  col- 
lected in  the  same  maner  : Provided,  the  city  or  town  authorities 
of  any  such  town  or  city  may  make  such  additional  allowance  to 
such  police  magistrates  as  they  may  deem  just  and  expedient ; and 
in  all  cases  arising  under  the  ordinances  of  any  such  town  or  city, 
change  of  venue  shall  be  allowed  from  one  police  magistrate  to  an- 
other, in  cities  where  there  is  more  than  one  such  magistrate,  and  in 
all  other  towns  and  cities  from  such  police  magistrate  to  the  nearest 
justice  of  the  peace,  to  be  applied  for  in  the  same  manner  and  grant- 


302 


APPENDIX. 


ed  on  the  same  conditions  and  in  the  same  manner  as  changes  of 
venue  from  justices  of  the  peace  now  are. 

Sec.  4.  The  rules  of  practice  and  proceeding  before  such  police 
magistrate  shall  conform  to  the  practice  and  proceedings  before 
justices  of  the  peace,  except  in  cases  where  such  rules  of  practice 
and  proceeding  shall  be  changed  or  modified  by  the  charter  of  such 
town  or  city  ; in  which  case,  such  rules  of  practice  ami  proceedings 
shall  conform  to  said  charters. 

Sec.  5.  The  city  marshals  of  such  towns  or  cities,  and  all  con- 
stables of  the  county  in  wdiich  said  town  or  city  may  be  situated, 
and  all  the  towm  or  police  constables  of  such  tOAvns  or  cities  re- 
spectively, shall  be  and  are  hereby  authorized  to  execute  all  pro- 
cess and  orders  issued  or  made  by  said  police  magistrates  in  their 
respective  counties. 

Sec.  6.  Appeals  shall  be  allowmd  from  the  decision  of  police 
magistrates  in  all  cases,  to  be  applied  for  and  taken  in  the  same 
manner  that  appeals  from  justices  of  the  peace  may  be  taken. 

Sec.  7.  This  act  to  take  elfect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  27,  1854. 


An  act  to  amend  an  .act  entitled,  “an  actfortbe  better  government  of  Towns  and  Cities.and 
to  amend  the  charters  thereof.  Approved  February  27,  1854.” — Laws  of  1855,  pages 
34  and  44. 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  ot'  Illinois 
represented,  in  the  General  Assembly  : That^  all  police  magistrates 
when  elected  shall  severally  hold  their  offices  for  the  term  of  foui* 
years  and  until  others  are  elected  and  qualified,  and  in  case  of  the 
death,  resignation,  or  removal  from  the  town  or  city  of  any  of  the 
said  police  magistrates,  their  offices  shall  be  deemed  thereby  vaca- 
ted, and  such  vacancies  shall  be  filled  by  special  elections  for  that 
purpose,  notified  and  conducted  in  the  same  manner  as  is  noiv  j^ro- 
vided  by  law  for  special  elections  for  justices  of  the  peace. 

Sec.  2.  That  so  much  of  said  act  as  requires  the  officers  therein 
named  to  be  elected  at  the  election  of  officers  for  said  towns  and 
cities  for  the  year  A.  D.  1854,  be  and  is  hereby  so  amended,  that 
in  those  towns  and  cities  where  they  failed  to  elect  said  officers  in 
the  year  1854,  they  may  elect  them  at  the  elections  to  be  held 
therein  for  said  officers  in  any  subsequent  year. 

This  act  to  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  February  15,  1855. 


STATE  LAWS  RELATING  TO  THE  CITY. 


808 


[No.  4 ] 

SCHOOLS. 

An  act  to  establish  and  maintain  a system  of  Free  Schools.  Approved  Feb.  16,  1857. 

Sec.  36.  The  board  of  trustees  of  each  township  in  this  state 
shall  prepare,  or  cause  to  be  prepared  by  the  township  treasurer, 
the  clerk  of  the  board,  or  other  person,  and  forwarded  to  the  school 
commissioner  of  the  county  in  which  the  township  lies,  on  or  before 
the  second  jMonday  of  October,  preceding  each  regular  session  of 
the  General  Assembly  of  this  state,  and  at  such  other  times  as  may 
be  required  by  the  school  commissioner,  or  by  the  state  superinten- 
dent of  public  instruction,  a statement  exhibiting  the  condition  of 
schools  in  their  respective  townships  for  the  preceding  biennial 
period,  giving  separately  each  year,  commencing  on  the  first  Mon- 
day of  October,  and  ending  on  the  last  of  September;  which  state- 
ment shall  be  as  follows:  1st.,  The  whole  number  of  schools  which 
have  been  taught  in  each  year;  what  part  of  said  number  have  been 
taught  by  males  exclusively  ; what  part  have  been  taught  by  females 
exclusively;  what  part  of  said  whole  number  have  been  taught  by 
males  and  females  at  the  same  time,  and  what  part  by  males  and 
females  at  different  periods.  2d.  The  whole  number  of  scholars  in 
attendance  at  all  the  schools,  giving  the  number  of  males  and  fe- 
rn nles  separately.  3d.  The  number  of  male  and  female  teachers, 
giving  each  separately;  the  highest,  lowest,  and  average  monthly 
compensation  paid  to  male  and  female  teachers,  giving  each  item 
separately.  4th.  The  number  of  persons  under  twenty-one  years 
of  age.  5th.  The  amount  of  the  principal  of  the  township  fund ; 
the  amount  of  the  interest  on  the  township  fund  paid  into  the  town- 
ship treasury;  the  amount  of  state  or  common  school  fund  received 
by  the  township  treasurer;  the  amount  raised  by  ad  valorem  tax,  and 
the  amount  of  such  tax  received  into  the  township  treasury,  and  the 
amount  of  all  other  funds  received  into  the  township  treasury.  6th. 
Amount  paid  for  teachers’  wages;  the  amount  paid  for  school  house 
lots;  tile  amount  paid  for  building,  repairing,  purchasing,  renting 
and  furnishing  school  houses;  the  amount  paid  for  school  apparatus, 
for  books  and  other  incidental  expenses  for  the  use  of  school  libra- 
ries; the  amount  paid  as  compensation  to  township  officers  and 
others.  7th.  The  whole  amount  of  the  receipts  and  expenditures 
for  school  purposes,  together  with  such  other  statistics  and  informa- 
tion in  regard  to  schools  as  the  state  superintendent  or  school  com- 
missioner may  require. 


304 


APPENDIX. 


LIABILITIES  OF  OFFICERS. 

Sec.  73.  If  any  school  commissioner,  trustee  of  schools,  toivn- 
ship  treasurer,  director,  or  any  other  person  entrusted  with  the 
care,  control,  management,  or  disposition  of  any  school,  c dlege, 
seminary,  or  township  fund,  foivthe  use  of  any  county,  township, 
district,  or  school,  shall  convert  any  such  funds,  or  any  portion 
thereof,  to  his  owm  use,  he  shall  be  liable  to  indictment,  and  upon 
conviction,  shall  be  fined  in  not  less  than  double  the  amount  of 
money  converted,  and  imprisoned  in  the  county  jail  not  less  than 
one,  nor  more  than  twelve  months,  at  the  discretion  of  the  court. 

OF  cities  and  incorporated  towns. 

Sec.  79.  This  act  shall  not  be  so  construed  as  to  repeal  or 
change,  in  any  respect,  any  special  acts  in  relation  to  schools  in 
cities  or  incorporated  towns,  except  that  it  shall  be  the  duty  of  the 
several  boards  of  education  or  other  officers  of  any  city  or  incorpo- 
rated town  having  in  charge  schools  under  the  provisions  of  any  of 
the  said  special  acts,  or  of  any  ordinance  of  any  city  or  incorpora- 
ted town,  on  or  before  the  second  Monday  of  October  preceding 
each  regular  session  of  the  general  assembly  of  this  state,  or  an- 
nually, if  required  so  to  do  by  the  state  superintendent,  to  make 
out  and  render  a statement  of  all  such  statistics  and  other  informa- 
tion in  regard  to  schools,  and  the  enumeration  of  children  or  white 
persons,  as  is  required  to  be  communicated  by  township  boards  of 
trustees  or  directors  under  the  provisions  of  this  act,  or  so  much 
thereof  as  may  be  applicable  to  said  city  or  incorporated  town,  to 
the  school  commissioner  of  the  county  where  such  city  or  incorpo- 
rated town  is  situated,  or  of  the  county  in  which  the  larger  part  of 
such  city  or  town  is  situated  ; nor  shall  it  he  lavful  for  the  county 
school  commissioner  or  any  other  officer  or  person  to  pay  over  any 
portion  of  the  common  school  fund  to  any  local  treasurer,  school 
agent,  clerk,  board  of  education  or  other  ofiicer  or  person  of  any 
township,  city  or  incorporated  town,  unless  a report  of  the  number 
of  children  or  white  persons,  or  other  statistics  relative  to  schools, 
and  a statement  of  such  other  information  as  is  required  of  the 
board  of  trustees  or  directors,  as  aforesaid,  and  of  other  school 
officers  and  teachers  under  the  provisions  of  this  act,  shall  have 
been  filed  at  the  time  or  times  aforesaid,  specified  in  this  section, 
with  the  school  commissioner  of  the  proper  county,  as  aforesaid. 


STATE  LAWS  RELATING  TO  THE  CITY. 


805 


[No.  6.] 

WARRANTS  OF  CITIES  AND  TOWNS. 

Chapter  CVII  Rev.  Stat.  1845,  page  531. 

Section  1.  In  all  cases  in  which  any  city  or  town  in  this  state 
shall  be  indebted  to  any  person  or  persons,  on  any  account  whatso- 
ever, a warrant  or  voucher  shall  be  drawn  on  the  treasurer  of  such 
city  or  town  for  the  whole  amount  found  due  to  such  person  by  the 
tribunal  having  power  to  audit  and  allow  claims  against  such  city 
or  town,  and  such  tribunal  shall  not  in  any  case  draw  more  than 
one  warrant  or  voucher  for  the  amount  allowed  to  one  individual  at 
one  time. 

Sec.  2.  No  warrant  or  voucher  drawn  on  the  treasurer  of  any 
city  or  town,  shall  be  drawn  in  favor  of  any  other  person  than  the 
one  to  whom  the  same  may  be  due,  and  such  warrant  or  voucher 
may  be  in  the  form  now  prescribed  by  law. 

Sec.  3.  No  treasurer  of  any  city  or  town  in  this  state  shall  pay 
any  warrant  or  voucher  drawn  on  him  unless  such  warrant  be  pre- 
sented for  payment  by  the  person  in  whose  favor  such  warrant  is 
drawn,  or  his  assignee,  or  executor,  or  administrator. 

Sec.  4.  Any  officer  or  officers  of  any  town  or  city  that  shall  be 
guilty  of  violating  the  provisions  of  this  chapter,  shall  be  deemed 
guilty  of  a misdemeanor  in  office ; and  for  every  such  violation  shall 
be  fined  in  a sum  not  exceding  five  hundred  dollars,  to  be  recovered 
by  indictment. 

Approved  March  3,  1845. 


[No.  6.] 

TOWNS  AND  CITIES. 


An  act  to  amend  the  charters  of  the  several  towns  and  cities  in  this  state.— Laws  of  1854, 

page  22. 


Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois, 
represented  in  the  G-eneral  Assembly : That  in  all  cases  where  taxes 
assessed  on  real  estate  by  the  corporate  authorities  of  any  city 

89 


306 


APPENDIX. 


or  town  in  this  state,  except  in  the  city  of  Chicago,  are  not  paid 
within  the  time  fixed  by  the  corporate  authorities  of  any  such  city 
or  town,  it  shall  be  lawful  for  the  collector  of  any  such  city  or  town, 
after  giving  notice  of  such  application  by  advertisement  at  least 
thirty  days  previously  to  such  application,  in  some  newspaper  pub- 
lished in  said  town  or  city,  or  if  no  newspaper  should  be  published 
in  said  town  or  city,  then  by  posting  up  printed  or  written  notices 
of  such  intended  application  in  at  least  four  of  the  most  public 
places  in  such  town  or  city,  to  apply  to  the  county  court  of  the 
county  in  which  such  delinquent  real  estate  may  be  situated,  and 
cause  judgment  to  be  entered  against  such  delinquent  real  estate 
for  the  amount  of  taxes  due  and  unpaid  and  costs.  And  the  said 
county  court  shall  proceed  to  hear  and  determine  said  application, 
and  render  judgment  against  said  delinquent  real  estate  in  the  same 
manner,  and  said  judgment  shall  have  the  like  effect  as  though  said 
delinquent  list  had  been  returned  to  the  county  court  by  the  sherifi* 
or  collector  of  the  county,  in  the  collection  of  state  and  county  taxes. 
And  the  county  court  shall  issue  its  precept  or  order  to  the  collector 
of  said  city  or  town,  directing  him  to  sell  said  real  estate  at  public 
auction,  to  pay  said  delinquent  taxes  and  costs : Provided.,  that  the 
corporate  authorities  of  such  towns  or  cities  shall  have  full  power 
to  adopt  any  regulation  or  proceeding  they  may  deem  necessary  to 
carry  this  section  into  full  effect : And  provided  further,  that  the 
corporate  authorities  of  any  town  or  city  shall  have  power  to  fix  the 
time  of  such  application  to  the  county  court  and  the  time  of  sale  of 
said  real  estate. 

Sec.  2.  In  all  cases  wdiere  assessments  have  heretofore  been 
made,  or  where  assessments  may  hereafter  he  made,  by  the  corporate 
authorities  of  any  town  or  city  in  this  state,  on  any  lot  or  real  estate 
in  such  town  or  city,  for  the  purpose  of  improving  any  street,  side- 
walk or  alley  in  front  of  such  lot  or  real  estate,  or  for  any  purpose 
whatever,  either  by  ordinance,  resolution  or  other  proceeding,  and 
such  assessment  is  not  paid  within  the  time  fixed  by  the  order,  res- 
olution or  ordinance  making  such  assessment,  the  corporate  author- 
ities of  the  several  towns  and  cities  in  this  state  may  apply  to  the 
county  court  of  the  proper  county  for  judgment  against  said  lot  or 
real  estate,  for  the  amount  of  said  assessment  and  costs;  and  the 
county  court,  on  such  application  being  made,  shall  render  judgment 
against  such  lot  or  real  estate  for  the  amount  of  said  assessment 
and  costs,  and  shall  issue  its  precept  to  the  sheriff”  of  the  proper 
county,  commanding  him  to  sell  said  lot  or  real  estate,  or  so 
much  thereof  as  may  be  necessary,  to  pay  said  judgment  and  costs, 
in  the  same  manner  and  with  like  effect  as  if  sold  upon  execution  at 
law;  and  the  corporate  authorities  of  the  several  towns  or  cities 


STATE  LAWS  RELATING  TO  THE  CITY. 


807 


shall  have  full  power  to  provide  by  resolution  or  ordinance  for  the 
making  or  levying  any  such  assessment,  and  they  shall  have  full 
power  to  fix  the  time  of  payment  and  the  kind  and  time  of  notice 
of  such  assessment,  and  of  the  said  application  to  the  county  court; 
and  the  corporate  authorities  of  any  town  or  city  shall  have  full  and 
complete  authority  to  adopt  any  rule,  regulation  or  proceeding 
which  they  may  deem  necessary  to  carry  the  provisions  of  this  sec- 
tion into  full  and  complete  effect. 

Sec.  3.  This  act  to  take  effect  from  and  after  its  passage. 
Approved  March  1,  1854. 


[No.  7.] 

CHARTER  OF  THE  SPRINGFIELD  GAS  LIGHT 

COMPANY. 

An  Act  to  incorporate  the  Springfield  Gas  Light  Company. — Private  laws  of  1864,  (special 

session,)  page  189. 


Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois 
represented  in  the  Gieneral  Assembly  : That  John  T.  Stuart,  Stephen 
T.  Logan,  Ninian  W.  Edwards,  Benjamin  S.  Edwards,  William  J. 
Black,  and  their  associates,  suceessors,  heirs,  and  assigns,  be  and 
they  are  hereby  created  a body  corporate  and  politic,  by  the  name 
and  style  of  the  “ Springfield  Gas  Light  Company,”  and  by  that 
name  they  and  their  successors  shall  have  perpetual  succession,  and 
be  capable  in  law  of  contracting  and  being  contracted  with,  of  sue- 
ing  and  being  sued,  defending  and  being  defended,  in  all  courts 
and  places,  in  all  matters  whatsoever,  with  full  powers  to  acquire, 
hold,  occupy  and  enjoy  all  such  real  estate,  in  fee  simple  or  other- 
wise, and  all  personal  property  necessary  for  the  construction,  ex- 
tension and  use  of  said  company,  and  for  the  management,  use  and 
good  government  of  the  same,  to  have  a common  seal,  and  the  same 
to  alter,  break,  or  renew  at  pleasure. 

Sec.  2.  The  corporation  hereby  created,  when  organized,  shall 
he  under  the  direction  of  seven  directors,  all  stock-holders  in  said 
company,  one  of  whom  shall  be  elected  president.  The  directors 
shall  have  power  to  make  such  by-laws,  rules  and  regulations  for 
conducting  the  works,  the  election  of  directors  and  the  affairs  of  the 


308 


APPENDIX. 


company,  and  may  appoint  such  officers,  agents  and  employees,  and 
prescribe  the  duties  of  the  same,  as  to  them  may  seem  necessary, 
not  inconsistent  with  the  laws  of  the  state. 

Sec.  3.  The  capital  stock  of  said  company  shall  not  exceed 
three  hundred  thousand  dollars,  divided  into  shares  of  fifty  dollars 
each,  to  be  subscribed  and  paid  for  as  may  be  prescribed  by  the 
corporators  above  named,  or  their  successors  or  assigns. 

Sec.  4.  The  corporation  hereby  created  shall  have  full  power 
and  authority  to  manufacture  and  sell  gas,  to  be  made  from  any 
and  all  substances  or  combinations  thereof,  from  which  inflammable 
gas  is  or  hereafter  may  be  obtained,  and  to  be  used  for  the  purpose 
of  lighting  the  city  of  Springfield  and  suburbs,  and  streets  thereof, 
and  any  buildings,  manufactories,  public  places  or  houses  therein 
contained,  and  to  erect  all  necessary  works  and  apparatus,  and  lay 
pipes  for  conducting  the  gas  in  any  of  the  streets,  avenues,  lanes  or 
alleys  of  said  city  or  suburbs  : Provided,  that  no  permanent  injury 
be  done  to  any  such  lane,  street,  avenue,  or  alley.  To  hold  real 
estate  not  exceeding  in  value  seventy-five  liundred  dollars.  The 
said  company  shall  have  the  exclusive  privilege  of  supplying  the 
city  and  suburbs,  and  their  inhabitants,  with  gas,  for  the  purpose  of 
afi'ording  light,  for  twenty-five  years. 

Sec.  5.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
corporators  mentioned  in  this  act,  to  receive,  until  the  first  Mon- 
day in  April  next,  all  such  proposals  as  shall  be  made  by  any  asso- 
ciation of  individuals  for  supplying  the  city  of  Springfield,  the  citi- 
zens thereof,  and  the  public  buildings  and  offices  belonging  to  the 
state,  with  gas,  stating  in  such  proposition  the  price  at  which  it 
shall  be  furnished,  and  the  quality  thereof,  the  time  in  which  the 
work  shall  be  commenced  and  finished ; which  propositions  shall, 
on  the  said  first  Monday  in  April,  or  as  soon  thereafter  as  practic- 
able, be  submitted  to  the  governor,  auditor  and  treasurer,  or  any 
two  of  them,  and  if  the  governor,  auditor  and  treasurer,  or  any  two 
of  them,  shall  esteem  any  or  all  of  said  propositions  to  be  reason- 
able and  advantageous  to  the  public,  they  shall  award  this  charter 
to  such  association  as  shall  ofier  the  terms  which  in  their  judgment 
shall  be  most  advantageous  to  the  public : Provided,  such  company 
or  association  shall  enter  into  bonds,  with  good  security,  in  the 
penalty  of  ten  thousand  dollars,  payable  to  the  city  of  Springfield, 
for  the  use  of  common  schools  in  said  city,  to  comply  with  the 
terms  and  conditions  so  ofiered;  and  if  the  conditions  of  said  bend 
are  not  complied  with,  the  whole  penalty  of  said  bond  may  be  re- 
coverable and  collected  in  an  action  of  debt,  and  shall  be  appropri- 
ated to  the  use  of  common  schools  in  said  city  ; and  on  the  accept- 
ance of  said  terms  and  the  execution  of  such  bond  the  said  associar 


STATE  LAWS  RELATING  TO  THE  Cm. 


809 


tion  shall  become  incorporated  and  invested  with  all  the  rights  and 
privileges  conferred  by  this  charter,  and  shall  supercede  the  corpo- 
ration herein  named,  but  shall  never  be  allowed  to  charge  any 
higher  rate  for  gas  than  is  mentioned  in  their  said  proposition. 

Sec.  6.  Should  none  of  said  propositions  be  deemed  by  the 
governor,  auditor  and  treasurer,  or  two  of  them,  to  be  such  as  ought 
to  be  accepted,  then  it  shall  be  the  duty  of  said  corporators,  having 
first  given  in  a public  newspaper  printed  at  Springfield,  twenty  days 
previous  notice  of  the  time  and  place,  to  open  the  books  of  subscrip- 
tion for  the  capital  stock  of  said  company  in  the  city  of  Springfield, 
and  to  keep  the  same  open  until  at  least  seventy-five  thousand 
dollars  of  the  capital  stock  has  been  subscribed,  giving  preference 
in  subscriptions  to  the  citizens  of  Springfield,  and  reducing  their 
subscriptions  rata^  if  more  shall  be  subscribed  in  one  day,  and 
when  the  whole  of  said  amount  shall  be  subscribed,  said  subscribers 
shall  become  a corporation  as  herein  provided,  in  lieu  of  the  corpo- 
rators herein  mentioned,  and  clothed  with  all  the  privileges,  powers 
and  rights  conferred  by  this  act,  but  shall  never  be  allowed  to 
charge  for  gas  in  any  greater  rate  than  shall  be  stated  in  the  lowest 
proposition  made  as  aforesaid;  and  unless  they  shall  put  their  said 
gas  works  in  operation  in  a reasonable  time,  the  charter  shall  be 
forfeited : Provided  further^  nothing  in  this  act  shall  be  so  con- 
strued as  to  authorize  said  company  to  use  or  occupy  any  street, 
avenue  or  alley  in  said  city,  in  any  manner  whatever,  without  the 
consent  of  said  city.* 

Approved  February  27,  1854. 


An  act  entitled  an  act  to  amend  “ an  act  to  incorporate  the  Springfield  Gas  Light  Com- 
pany.” Approved  March  1,  1854. — Private  laws  of  1855,  page  648. 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois 
represented  in  the  G-eneral  Assembly : That  the  fourth  section  of 
an  act  eixtitled  “an  act  to  incorporate  the  Springfield  Gas  Light 
Company,”  be  so  amended  as  to  authorize  and  empower  the  said 
company  to  hold  real  estate  not  exceeding  in  value  seventy-five 
thousand  dollars,  instead  of  seventy-five  hundred  dollars,  as  provi- 
ded for  in  the  said  fourth  section. 

Sec.  2.  That  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  13,  1855. 


* See  ordinance  granting  u&e  of  stroeta,  ante  page  S>4,  See,  1. 


810 


APPENDIX. 


In  accordance  with  the  provisions  of  the  fifth  section  of  the  fore- 
going act,  the  Charter  of  the  Springfield  Gas  Light  Company,  was  on 
the  18th  day  of  April,  1854,  awarded  by  the  auditor  and  treasurer 
upon  the  following  proposition,  to  the  persons  whose  names  appear 
thereto;  and  who  having  filed  bond  in  the  penalty  of  ten  thousand 
dollars,  payable  to  the  city  of  Springfield  for  the  use  of  common 
schools  in  said  city,  conditioned  for  the  compliance  with  the  terms 
and  conditions  of  their  proposition,  and  with  sureties  approved  by 
the  city  council  of  said  city,  as  is  required  in  the  fifth  section  of 
said  act,  are  invested  with  all  the  rights  and  privileges  conferred  by 
said  charter. 


PROPOSITION. 

To  Messrs.  John  T.  Stuart,  Stephen  T.  Logan,  N.  W.  Edwards, 

Benjamin  S.  Edwards,  and  William  J.  Black,  corporators,  &c. 

Gentlemen  : — The  undersigned  respectfully  submit  for  your 
consideration  the  following  proposals  for  the  erection  of  gas  works, 
and  the  supplying  of  the  city  and  citizens  of  Springfield,  and  the 
public  buildings,  grounds,  and  ofiices  belonging  to  the  state  with  gas 
light. 

We  propose  to  obligate  ourselves  to  erect  in  the  city  of  Spring- 
field,  buildings  and  machinery  of  the  most  approved  plan,  and  with 
all  the  necessary  appurtenances,  equal  to  the  supply  of  any  probable 
quantity  of  gas  required  for  the  above  uses  for  many  years ; and  to 
make  additions  to  said  buildings  and  machinery  to  an  extent  suffi- 
cient to  meet  any  increase  of  consumption  that  may  arise  hereafter. 

We  also  propose  to  lay  down  at  least  two  miles  of  main  pipe,  or 
as  much  more  as  may  be  necessary  to  furnish  gas  to  the  main  busi- 
ness parts  of  the  city.  Such  pipe  to  be  of  sufficient  size  to  convey 
a full  supply  of  gas,  and  to  agree  that  the  corporate  authorities  of 
Springfield  may  at  any  time  order  the  extension  of  the  gas  pipes  to 
any  parts  of  the  city  they  may  direct,  and  may  fix  the  location  of 
street  lamps  in  such  extensions:  Provided^  that  in  ail  such  exten- 
sions of  pipe  over  the  original  two  miles,  the  city  shall  guarantee 
to  us  that  the  income  to  us  from  the  consumption  of  gas  by  indi- 
viduals shall  yield  us  not  less  than  eight  per  cent,  per  annum  on 
the  cost  to  us  of  such  extensions. 

We  propose  to  obligate  ourselves  to  furnish  constantly  a full 
supply  of  gas,  of  a quality  equal  to  that  now  furnished  by  the  Chi- 
cago and  St.  Louis  Gas  Light  companies,  to  all  individuals  along 
the  lines  of  our  pipes,  who  shall  pay  for  the  same  as  hereinafter 
proposed  — to  the  public  buildings,  grounds  and  offices  belonging 
to  the  State  of  Illinois,  and  [ to  ] the  city  of  Springfield.  The  gas 


STATE  LAWS  RELATING  TO  THE  CITY. 


nil 


to  be  conveyed  by  us  into  houses  and  buildings  in  the  usual  man- 
ner, and  the  consumers  to  furnish  their  own  burners  and  fixtures, 
as  is  customary  in  other  places — except  the  city,  as  hereinafter 
specified. 

We  propose  to  furnish  gas  to  the  state,  and  to  individuals,  at  the 
rate  of  per  thousand  cubic  feet,  payable  monthly. 

We  propose  to  erect  at  our  OAvn  expense  such  a number  of  street 
lamps  as  the  corporate  authorities  of  Springfield  may  from  time  to 
time  require  of  us,  and  to  charge  the  city  for  the  gas  consumed  by 
each  lamp  $20  per  annum,  and  for  lighting,  extinguishing,  keeping 
up  and  repairing  the  lamps,  $5  per  annum,  payable  quarterly;  the 
lights  of  the  street  lamps  to  be  equal  to  those  of  Chicago  and  St. 
Louis.* 

Or  if  it  is  preferred  by  the  city,  we  will  furnish  gas  for  the  city 
lamps  at  per  thousand  feet,  with  the  understanding  that  the 
consumption  shall  be  so  measured  or  calculated  as  to  make  it  cer- 
tain that  no  more  gas  is  paid  for  than  is  actually  consumed  in  the 
lamps. 

We  propose  to  commence  the  erection  of  said  works  as  soon  as 
we  have  authority  from  the  city  to  use  the  streets  &c.  in  laying 
pipe,  and  will  obligate  ourselves  to  commence  within  30  days  of  the 
date  of  such  authority.  We  Avould  expect  to  complete  the  works 
during  the  present  year,  and  are  willing  to  agree  to  do  so  Avith  a 
proviso,  that  if  we  are-  delayed  by  any  untoward  and  unexpected 
event,  ( such  as  the  prevalence  of  epidemic,  sickness  to  a degree 
sufficient  to  embarrass  us,  or  the  impossibility  of  obtaining  brick  or 
other  materials,)  no  forfeiture  shall  operate  against  us  until  the  1st 
May,  1855.  Or  if  it  is  preferred,  we  are  ready  to  contract  abso- 
lutely to  finish  by  that  day.  This  proposition  is  of  course  contin- 
gent on  the  assent  of  the  city  to  our  use  of  the  streets  for  laying 
pipes,  as  expressed  in  the  last  proviso  of  the  act  incorporating  your 
company. 

We  are  prepared  to  give  the  bond  and  approved  security  required 
by  law  as  soon  as  our  proposition  is  accepted. 

N.  H.  Eidgely, 
George  Odiorne, 
Joseph  W.  Clark, 
William  W.  White, 
Redick  M.  Eidgely. 


* See  ordinance,  ante  page  94,  Sec.  2. 


S12 


APPENDIX. 


[No.  8.] 

RAILROADS. 


An  act  supplemental  to  an  act  enlitled  “ an  act  to  provide  for  a general  system  of  railroad 
incorporations.” — Laws  of  1849,  (special  session,)  page  28. 


Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois^ 
represented  in  the  General  Assembly : That  whenever  the  citizens 
of  any  city  or  county  in  this  state  are  desirous  that  said  city  or 
county  should  subscribe  for  stock  in  any  railroad  company  already 
organized  or  incorporated,  or  hereafter  to  be  organized  or  incorpo- 
rated under  any  law  of  this  state,  such  city  or  county  may,  and  are 
hereby  authorized  to  purchase  or  subscribe  for  shares  of  the  capital 
stock  in  any  such  company,  in  any  sum  not  exceeding  one  hun- 
dred thousand  dollars  for  each  of  such  cities  or  counties ; and  the 
stock  so  subscribed  for  or  purchased,  shall  be  under  the  control  of 
the  county  court  of  the  county  or  common  council  of  the  city  mak- 
ing such  subscription  or  purchase,  in  all  respects  as  stock  owned 
by  individuals. 

Sec.  2.  That  for  the  payment  of  said  stock,  the  judges  of  the 
county  court  of  the  county,  or  the  common  council  of  the  city 
making  such  subscription  or  purchase,  are  hereby  authorized  to 
borrow  money  at  a rate  not  exceeding  ten  per  cent,  per  annum 
and  to  pledge  the  faith  of  the  county  or  city  for  the  annual  pay- 
ment of  the  interest,  and  the  ultimate  redemption  of  the  principal, 
or  if  the  said  judges  or  common  council  shall  deem  it  most  ad- 
visable, they  are  hereby  authorized  to  pay  for  such  subscription 
or  purchase  in  bonds  of  the  city  or  county,  making  such  sub- 
scription to  be  drawn  for  that  purpose,  in  sums  not  less  than 
fifty  dollars,  bearing  interest  not  exceeding  ten  per  centum  per 
annum ; Provided^  that  no  bond  shall  be  paid  out  at  a rate  less 
than  par  value. 

Sec.  3.  The  railroad  companies  already  organized  or  incorpo- 
rated, or  hereafter  to  be  organized  or  incorporated  under  the  laws 
of  this  state,  are  hereby  authorized  to  receive  the  bonds  of  any 
county  or  city  becoming  subscribers  to  the  capital  stock  of  such 
company,  at  par,  and  in  lieu  of  cash,  and  to  issue  their  bonds  bear- 
ing interest  not  exceeding  ten  per  centum  per  annum  for  any 
moneys  by  them  borrowed  for  the  construction  of  their  railroad  and 
fixtures,  or  for  the  purchase  of  engines  and  cars,  and  for  such  pur- 
pose may  dispose  of  any  bonds  by  them  received  as  aforesaid. 


STATE  LAWS  RELATING  TO  THE  CITY. 


313 


Sec.  4.  !N^o  subscription  shall  be  made,  or  purchase  or  bond  is- 
sued, by  any  county  or  city  under  the  provisions  of  this  act, 
whereby  any  debt  shall  be  created  by  said  judges  of  the  county 
court  of  any  county,  or  by'the  common  council  of  any  city,  to  pay 
any  such  subscription,  unless  a majority  of  the  qualified  voters  of 
such  county  or  city,  (taking  as  a standard  the  nuiiiber  of  votes 
thrown  at  the  last  general  election  previous  to  the  vote  had  upon 
the  question  of  subscription  under  this  act  for  county  officers,)  shall 
vote  for  the  same  ; and  the  judges  of  the  county  court  of  any 
county,  or  the  common  council  of  any  city,  desiring  to  take  stock 
as  aforesaid,  shall  give  at  least  thirty  days’  notice,  in  the  same 
manner  as  notices  are  given  for  election  of  state  or  county  officers 
in  said  counties,  requiring  said  electors  of  said  counties  or  said 
cities  to  vote  upon  the  day  named  in  such  notices,  at  their  usual 
place  of  voting,  for  or  against  the  subscription  for  said  capital  stock 
which  they  may  propose  to  make,  and  said  notices  shall  specify  the 
company  in  which  stock  is  proposed  to  be  subscribed,  the  amount 
which  it  is  proposed  to  take,  and  the  time  which  the  bonds  proposed 
to  be  issued  are  to  run,  and  the  interest  which  said  bonds  are  to 
bear ; or  in  case  it  is  proposed  to  borrow  money  to  pay  such  sub- 
scription, then  the  notices  shall  state  the  terms  upon  which  such 
loan  is  to  be  effected  ; and  the  opinion  of  the  electors  shall  be  ex- 
pressed upon  their  ballots  for  subscription,”  or  “against  subscrip- 
tion,” and  counted  and  returned  by  the  judges  and  clerks  of  elec- 
tions as  in  other  cases;  and  if  a majority  of  the  voters  of  said 
county  or  city — assuming  the  standard  aforesaid,  shall  be  in  favor  i 
of  the  same — such  authorized  subscription  or  purchase,  or  any  part 
thereof,  shall  then  be  made  by  said  judges  or  common  council.  In 
case  any  election  had  under  this  act  is  held  upon  a day  of  a general 
election,  then  the  number  of  votes  thrown  at  such  general  election 
for  county  officers  shall  be  the  standard  of  the  number  of  qualified 
voters  as  aforesaid.  No  bonds  shall  be  issued  under  the  provisions 
of  this  act  by  any  county  or  city,  excepting  for  the  amounts  required 
to  be  paid  at  the  time  of  subscription,  and  for  the  amounts  of,  and 
at  the  time  when  assessments  upon  all  the  stockholders  of  said 
company  shall  be  regularly  assessed  and  made  payable. 

Sec.  5.  This  act  shall  take  effect  from  and  after  its  passage. 
Approved  November  6,  1849. 


An  act  to  facilitate  the  construction  of  Railroads. — Laws  of  1854,  (special  session,)  page  11. 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois^ 
represented  in  the  G-eneral  Assembly : That  any  city  or  county  in 
this  state,  which,  under  the  provisions  of  an  act  entitled  “An  act 

40 


314 


APPENDIX. 


supplemental  to  an  act  entitled  ‘An  act  to  provide  for  a general 
system  of  Railroad  Incorporations,’  approved  November  5,  1849,” 
has  heretofore  subscribed,  or  may  hereafter  subscribe  for  stock  in 
any  Railroad  company,  payable  in  the  bonds  of  said  city  or  county, 
it  shall  be  lawful  for  the  city  council  of  such  city,  or  the  judges 
of  such  county,  and  they  are  hereby  authorized  and  empowered  to 
issue  and  deliver  to  such  Railroad  company,  the  whole  or  any  portion 
of  the  bonds  of  such  city  or  county,  payable  on  such  subscription, 
at  anytime  hereafter,  when  in  their  opinion  the  interest  of  such  city 
or  county  will  be  promoted  thereby,  whether  assessments  upon  the 
stockholders  of  said  company  have  been  regularly  assessed  and  made 
payable  or  not. 

Sec.  2.  This  act  shall  take  elFect  and  be  in  force  from  and  after 
its  passage. 

Approved  March  1,  1854. 


I 1ST  D E X 


THE  FIRST  COLUMN  OP  FIGURES  REFERS  TO  THE  PAGE — THE  SECOND  TO  THE  SECTION. 


ABETTING. 

Unlawful  act,  or  violation  of  ordinances,  penalty  for 121-5  138  5 

Obstruction  of  officers,  penalty  for 131  2 

Rescue  or  escape  of  offenders,  penalty  for 131  3 

Illegal  voting  at  elections,  penalty  for 78  23 

ABBREVIATIONS 

May  be  used  in  tax  lists 238  48 

ABSTRACT. 

Of  children,  council  to  furnish  to  school  commissioner 36  4 

Of  children,  school  inspectors  to  furnish 190  10 

Of  account  of  delinquent  officers,  clerk  to  report  to  council 249  8 

“ “ “ suit  may  be  brought  upon.. 249  8 

ACCOUNTS. 

Clerk  to  keep,  of  receipts  and  expenditures 10  10 

Clerk,  how  to  keep  accounts  of  city 247  2,  3 

Clerk  to  keep  cemetery 63  7 

Clerk  to  keep  lamp  district 97  3 

Clerk  to  keep  sewer  district 197  5 

Clerk  to  keep  sidewalk,  how  kept 208  14 

Clerk  to  keep  street  improvement 218  7 

Clerk  to  keep  with  wards 161  7 

Clerk  to  keep  with  weigher 164  8 

Clerk  to  audit 246  1 

Engineer  to  keep,  of  materials,  etc 157  1 

Engineer  to  certify,  for  materials,  etc 157  1 

Marshal  to  keep,  of  animals  sold 105  5 

Marshal,  how  to  keep 177  13 

Supervisor  to  keep  of  expenditures,  implements,  etc 160  3 

Supervisor  to  examine  and  certify,  for  materials 160  4 

Supervisor’s  accounts  to  show  to  what  ward  chargeable 160  5 

Treasurer,  how  to  keep ...247  4 


316 


INDEX. 


ACCOUNTS.  Continued. 

Treasurer  to  keep  of  animals  sold 105  5 

Treasurer  to  keep  of  cemetery 63  7 

Treasurer  to  keep  of  lamp  taxes 97  2 

Treasurer  to  keep  of  street  planking  taxes 218  5 

Against  the  city,  how  presented 66  1 

In  favor  of  debtors  to  city,  how  allowed 249  9 

ACTING  MAYOR. 

When  and  how  appointed,  and  powers  and  duties  of 9 8 

When  may  exercise  duties  and  powers  of  mayor 166  7 

ACTIONS. 

For  penalties,  etc.,  how  brought 42  14 

For  penalties,  to  be  brought  before  police  magistrates 177  14 

For  penalties,  not  repealed  by  subsequent  ordinance,  unless  otherwise 
provided 167  9 

ADDITIONS. 

To  city,  power  to  regulate  platting  of 41  7 

To  city,  what  constitute 44  25 

To  city,  laying  out  and  platting  of,  regulated 56  1 

To  city,  penalty  for  laying  out  contrary  to  ordinance 57  2 

To  city,  may  be  laid  out  irregularly  wuth  consent  of  council 67  3 

AFFRAYS. 

Power  to  suppress,  etc 16  27 

ALDERMEN. 

Must  be  hona  fide  residents  of  ward 5 3 

Removal  of  from  ward  to  vacate  office 5 4 

Election,  term  of  ofiice,  and  classification  of 5 3 

Want  of  quorum  of,  how  supplied 5 4 

Majorit}"  of  elected  to  constitute  quorum 12  1 

Ex-oflBcio  conservators  of  the  peace  and  fire  wardens 9-9  89  30 

Not  to  hold  office  of  which  salary  or  fees  are  paid  by  city 13  2 

Not  to  be  interested  in  city  contracts,  or  vote  when  interested 13  2 

Ex-officio  school  inspectors 37  7 

Salary  of 12-2  48-3  164  1 

Clerk  to  ascertain  salary  due  to 165  2 

To  call  meeting  of  council  to  canvass  election  returns 77  18 

Duties  of,  at  fires 81  4 

May  arrest  offenders  at  fires 84  13 

Not  to  be  sureties  on  bonds  or  contracts 149-1  255  3 

To  prefer  charges  against  delinquent  officers 152  9 

May  arrest  offenders 175  7 

Exempt  from  jury  duty  and  street  taxes 9-9  239  1 

ALLEYS.  See  Streets  and  Alleys. 

AMUSEMENTS.  See  Exhibitions. 

Power  to  license,  suppress,  etc 15  13 

Power  to  prevent  dangerous 17  3.1 


INDEX 


317 


ANIMALS. 

Power  to  punish  abuse  of. 16  28 

Penalty  for  abuse  of 126  21 

Power  to  compel  fastening  of. 16  28 

Penalty  for  leaving  in  streets,  etc.,  without  Insteniug 128  31 

Penalty  for  fastening  to  trees,  fences,  tree-boxing,  etc 128  28 

Power  to  prevent  running  at  large  of. 16  30 

Running  at  large  of,  prohibited 104  1 

Taking  up  and  impounding  of,  regulated 104  2 

Sale  of  impounded,  regulated 104  3 

Fees  of  officers  for  impounding,  selling,  etc 104  4 

Marshal  to  keep  account  of,  sold,  and  pay  proceeds  into  treasury 105  5 

Treasurer  to  keep  account  of  moneys  for,  sold 105  5 

Proceeds  of  sale  of,  how  paid  to  owner 105  5 

Officers  may  bid  olf,  sold 105  6 

Officers  may  employ  assistants  to  take  up 106  7 

Penalty  for  letting  out  of ! 06  8 

Penalty  for  illegally  impounding  of 106  9 

Dangerous  or  unruly,  going  at  large  of,  prohibited 106  10 

Penalty  for  neglect  of  officers  to  impound 106  11 

Penalty  for  leaving  dead,  in  city 140  5 

ANNUAL  REPORTS.  See  Reports. 

APPEALS. 

From  assessments  for  opening  streets,  etc.,  how  taken 24  16 

From  police  magistrates,  how  taken 302  6 

APPLICATIONS. 

For  licenses,  how  made 107  2 

APPROPRIATIONS. 

Not  to  exceed  ordinary  revenue  of  preceding  year 13-1  58  I 

For  what  purposes  may  be  made 13  p 

Council  to  make  annual 57  1 

For  local  purposes  how  to  be  made 48-1  57  1 

To  be  made  by  vote  of  yeas”  and  “ nays” 58  2 

Clei’k  to  notify  council  when  exhausted 58-3  161  7 

Council  to  make  annual,  for  streets  and  alleys 161  7 

For  streets  in  wards,  to  be  proportioned  to  taxes  paid  by  wards 161  7 

APRONS. 

For  street  crossings,  how  constructed 162  8 

ARREST. 

Power  of  officers  to,  by  whom  and  how  made 44  27 

Mayor,  aldermen,  and  police  magistrates  may  arrest  offenders 175  7 

Police  officers  shall  arrest  offenders,  with  or  without  process 175  7 

Supervisor  may  arrest  for  offenses  against  streets,  alleys,  and  sidewalks..l76  10 

ASHES. 

Pow'cr  to  regulate  the  deposit  of 32  3 

Deposit  and  keeping  of,  regulated 87  20 

Penalty  for  negligent  use  of 88  26 

Throwing  or  placing  of,  upon  streets  or  sidewalks  prohibited 134  n 


318 


INDEX 


ASSAULT  AND  BATTERY. 

Penalty  for 124-2  138  4 

ASSES. 

Running  at  large  of,  prohibited 104  1 

ASSESSMENTS. 

When  a lien  upon  real  and  personal  property 28  4 

Warrants  for  collection  of,  how  issued 29  6 

How  collected 29  7 

ASSESSMENT  LISTS. 

Power  to  prescribe  form  of,  and  make  rules  for  revising,  etc.,  of 27  1 

How  made  out 219  1,  2 

When  and  how  returnable ..27-2  222  11 

Council  to  fix  day  for  hearing  of  objections  to 27-2  223  12 

Clerk  to  give  notice  of  time  and  place  of  hearing  objections  to 27-2  223  12 

Objections  to,  when  and  how  filed  and  verified 27-2  223  13 

Council  to  determine  objections  to  in  summary  way 224  14 

How  revised  and  corrected 28-2  224  14 

Council  to  confirm  and  direct  warrant  to  issue  for  collection  of 28-3  224  16 

Figures  and  abbreviations  may  be  used  in 238  48 

Evidence 29  6 


ASSESSMENTS  FOR  OPENING  STREETS  AND  ALLEYS.  See  Streets 
AND  Alleys. 

ASSESSMENTS  FOR  ABATING  NUISANCES.  See  Nuisances. 
ASSESSMENTS  FOR  CONSTRUCTING  SIDEWALKS.  See  Sidewalks. 


ASSESSOR  AND  COLLECTOR. 

Power  to  prescribe  powers  and  duties  of 27-1  29  7 

Powers,  duties  and  liabilities  of 11-15  29  7 

Census,  to  take 66  1 

Lamp  Taxes,  to  collect 96  2 

Nuisance  Assessments. — To  collect  warrants  for 147  3 

To  publish  notice  of  warrants  for ; 147  3 

Powers  and  duties  in  collecting  warrants  for 147  4 

To  sell  delinquent  lots  for 148  6,  7 

Salary  of 164  1 

School  Taxes. — To  collect  and  pay  into  treasury 194  4 

Sewer  Taxes. — To  collect 197  4 

Sidewalk  Assessments. — To  collect  warrants  for 209  15 

To  publish  notice  demanding  payment  of 209  15 

Powers  and  duties  in  collecting  warrants  for 209  16 

To  sell  delinquent  lots  for 210  19 

Street  Planking  Taxes. — To  collect 217  5 

Street  Taxes. — How  to  collect  warrants  for 242  8 

To  add  names  omitted  on  list  for 242  8 

To  give  receipt  for,  to  persons  paying 242  8 

How  to  return  warrant  for 242  8 

To  be  credited  with  uncollectable 242  8 

Taxes. — How  to  list  real  estate  for 219  1 


INDEX. 


819 


ASSESSOR  AND  COLLECTOR.  Continued. 

Taxes. — How  to  list  personal  property  for 219  2 

How  to  assess  real  estate  for 220  3 

To  require  certified  statements  of  personal  property  for 220  3 

To  value  property  at  cash  valuation 220  4 

When  to  require  listing  of  personal  property  on  oath 221  4 

When  owner  called  upon  is  absent,  to  leave  notice  to  list  property  for... .221  5 

To  list  property  of  owner  not  found,  or  neglecting  to  list 221  6 

When  property  undervalued,  to  list  and  re-value 221  6 

Owner  listing  falsely,  or  refusing  to  list,  or  give  in  on  oath,  to  list  at 

double  value 221  7 

Penalty  for  not  listing  at  double  value 221  7 

Penalty  of  double  value  not  to  be  remitted  by  council 224  14 

May  examine  witnesses  concerning  value  of  property 222  8 

Penalty  for  refusing  to  testify  concerning  value  of  property 222  8 

To  note  on  list  by  whom  property  listed  for 222  9 

To  file  and  preserve  certified  statements  of  property  for 222  9 

To  list  and  assess  property  for  years  omitted,  for 222  10 

To  correct  and  revise  lists  for 222  11 

When  to  return  lists  for 222  11 

Afl&davit  of,  upon  return  of  lists  for 222  11 

To  attend  meeting  to  hear  objections  and  give  information 224  15 

Taxes — Collection  of. — To  collect  for  former  years  omitted 226  18 

How  to  collect 227  22 

To  give  notice  of  warrant,  and  demand  payment  of 227  22 

Notice  deemed  a demand  for 227  22 

Neglect  to  pay  for  20  days  after  notice  deemed  a refusal 227  22 

To  make  personal  demand  when  practicable 227  22 

When  may  distrain  for,  or  collect  by  suit 29-6  227  23 

Sales  of  distress  for,  how  made  by 228  24 

Fees  for  distraining  for 228  24 

May  distrain  personal  property  for  real  estate  taxes 229  27 

To  mark  property  “ paid”  upon  payment  of 228  25 

To  give  tax  receipt  upon  payment  of. 228  25 

Duty  when  taxes  on  same  property  paid  by  different  persons 238  44 

To  correct  errors  in  warrant  for 228  26 

To  report  property  omitted  for 228  26 

To  collect,  on  property  omitted 229  26 

To  return  warrants  for,  how  returned,  and  form  of  return 229  28 

To  return  delinquent  list,  and  report  errors  in  warrant 230  29 

To  charge  delinquent  personal  taxes  to  real  estate  of  delinquent 230  29 

May  collect  taxes  by  distress  or  suit,  after  return  of  warrant 237  43 

Overpayments  of,  to  be  refunded  to 228  46 

Tax  Sales. — To  make,  of  delinquent  real  estate 231  32 

To  publish  notice  of. 29-9  231  32 

When  and  where  to  be  made 232  34 

How  to  be  conducted 232  35 

To  attend,  penalty  for  not  attending 232  35 


320 


INDEX. 


ASSESSOR7AND  COLLECTOR.  Continued. 

Tax  Sales. — And  clerk  not  to  bid  at 233  35 

Making  erroneously,  to  refund  double  purchase  monej'’ 238  45 

IIow  to  make  out  certificates  of  purchase  at 30-10  333  37 

To  make  out  and  return  list  of 234  38 

To  return  warrant  and  order  of  sale 235  38 

In  cases  not  provided  for  to  pursue  state  laws 259  49 

ATTORNEY. 

Qualifications  of,  and  duties 10-11  155  1 

To  advise  ci  uncil,  its  committees,  or  city  officers 155  1 

To  e.xamine  assessment  and  tax  lists,  etc 155  1 

To  draft  or  approve  bonds,  contracts,  ordinances,  etc 155-2  256  5 

To  draw  up  or  approve  official  bonds 149  1 

To  furnish  written  opinions,  and  keep  record  thereof 10-11  155  1 

To  prosecute  or  defend  in  city  cases 155  1 

To  prosecute  suits  for  fines,  penalties,  etc 155  2 

To  attend  to  issuing  of,  and  collection  of  executions  upon  judgments 156  2 

To  report  cases  in  which  to  take  appeal  or  writ  of  error 156  2 

To  prepare  and  file  necessary  papers  in  city  cases 156  2 

To  report  condition  of  city  cases  in  courts  of  record 156  4 

To  prosecute  delinquent  officers 152  lo 

To  examine  and  certify  fee  bills 146  4 

Not  compelled  to  prosecute  malicious  suits I79  2I 

To  bring  suits  for  loans  of  school  fund I93  2 

Salary  of 154  1 

Fees  of 156  3 

May  when  absent,  etc.,  appoint  substitute 156  5 

May  act  as  city  clerk 10  n 

Council  may  authorize  retaining  of  assistant  counsel I57  5 

auction. 

Power  to  impose  duties  upon  sales  at I5  13 

AUCTIONEERS. 

Power  to  license,  tax  and  regulate I5  43 

Prohibited  without  license 4 

Tax  for  license  as 2 

To  give  bond HO  3 

awnings. 

Power  to  prevent  incumbering  of  streets,  sidewalks,  etc.,  with 14  42 

Construction  of,  regulated 58  4 

Constructed  contrary  to  ordinance,  not  to  be  repaired 58  4 

Mayor  or  council  may  require  removal  of 58  4 

Penalty  for  erecting  contrary  to  ordinance 59  2 

Penalty  for  permitting  insecure  or  dangerous 59  2 

Penalty  for  not  removing  when  notified 59  3 

Insecure  or  dangerous,  declared  nuisances 59  4 

Costs  of  removing,  how  recovered 59  4 


4 


INDEX. 


821 


BAIL. 

Offenders  arrested  may  give 178  IS 

Conditions  and  penalty  of  bond  for,  how  filed  and  forfeited 178  IS 

BALL  ALLEYS. 

Power  to  license,  tax,  suppi*ess,  etc 15  15 

Use  of,  for  hire,  prohibited  without  license 110  1 

Tax  for  license  for 110  2 

Kegulations  concerning 110  3 

Licenses  for,  how  forfeited Ill  4 

BAWDY  HOUSES. 

Power  to  suppress,  etc 15  15 

Penalty  for  keeping,  frequenting,  being  inmate  of,  etc 125  16 

Penalty  for  permitting  premises  to  be  used  for 125  16 

BEEF. 

Power  to  regulate  inspection  of 10  23 

BEGGARS. 

Power  to  restrain,  etc 16  29 

BEER  HOUSES. 

How  licensed 118  3 

Penalty  for  selling  spirituous  liquors  in 113  4 

Ordinance  licensing  of  repealed 123  1 

BIDS.  See  Public  Works. 

BILLIARD  TABLES. 

Power  to  license,  tax,  suppress,  etc 15  15 

Use  of  for  hire  prohibited  without  license 110  1 

Tax  for  license  for 110  2 

Regulations  concerning 110  3 

License  for,  how  forfeited Ill  4 

BILLS  OP  MORTALITY. 

Power  to  regulate  keeping  of 17  36 

For  Oakridge  Cemetery  regulated 04  10,11 

Sextons  to  return  to  clerk  monthly 66  18 

BIRTHS  AND  DEATHS. 

Power  to  regulate  registration  of 17  36 

BLACKSMITH'S  SHOPS. 

Power  to  regulate,  compel  cleansing  of,  etc 17  34,  35 

BLOCKS. 

Power  to  re-survey  and  re-number 41  T 

BOARD  OP  HEALTH. 

Power  to  prescribe  duties  and  powers  of 34  4 

How  constituted 34-1  90  1 

Meetings,  and  quorum  of 99  2 

M iy  establish  rules  of  proceeding,  etc 99  2 

Vacancy  in,  how  filled 99  2 

Duties  of 100  8 

Powers  of 101  0 

41 


322 


INDEX 


BOARD  OF  HEALTH.  Continued. 

Orders  of,  how  executed 100  4 

Members  of,  to  abate  nuisances  etc 100  5 

May  remove  persons  having  infectious  diseases,  etc 34-3  fOO  7 

To  put  up  notices  of  small  pox,  etc 101  7 

Expenditures  of,  to  be  reported  to  city  council 101  9 

To  abate  nuisances 102  11 

May  remove  or  destroy  bedding,  clothing,  furniture,  etc 34-3  102  10 

To  app.t.ise  bedding,  etc,  before  destroying 102  10 

Members  of,  may  enter  premises  to  abate  nuisances 102  11 

When  may  report  lots,  etc.,  as  nuisances 142  2 

BONDS. 

Of  city,  power  to  issue,  bow  may  be  negotiated 13-1  48  4 

For  sewers — bow  issued  and  payable 196-2  200  17 

For  l uet  iIllpl•u^  ements,  how  issued  and  payable 217  3 

Of  auctioneers,  who  may  sue  on 110  3 

Of  draymen,  etc.,  who  may  sue  on 115  4 

Liquor  dealers,  bow  executed,  etc 119-5  123  1 

Official,  conditions  of,  bow  executed,  etc.; 149  1 

New  official  bond  not  to  release  sureties  on  old 149  1 

When  suit  may  be  brought  on  official 249  8 

Police  constables  and  watchmen  may  be  required  to  execute 174  4 

Of  school  agent,  condition  of,  etc 193  1 

Of  contractors  for  public  works,  bow  executed 255  3 

Of  contractors  for  public  works,  to  set  forth  contract 256  5 

Appeal  bonds,  su.  V. lies  of  city  on,  indemnified 156  2 

Attorney  to  draft,  or  approve  form  of 155  1 

BONFIRES. 

Making  of,  regulated 129-33  138  2 

BOUNDARIES. 

Of  city  defined 3-1  45-1  47  1 

Penalty  for  removing  corner  stones,  or  stakes  of 134  9 

Engineer  to  mark  corners  of 158  4 

Of  streets  and  alleys,  bow  established 157  1 

Of  streets  and  alleys,  engineer  to  keep  diagram  of 157  2 

BOYS. 

Regulations  concerning 137  1 

BRANCHES. 

Powers  cencerning 14-7  41  6 

Obstruction,  etc.,  of,  prohibited 244  1 

Filling  up,  etc,  of,  regulated 244  2 

Engineer  to  survey,  and  report  plans  of  sewering,  etc 244  3 

Changing  of  channels  of,  to  be  with  reference  to  sewering 244  3 

Engineer  to  supervise  filling  up  or  sewering  of 244  3 

BREAD. 

Power  to  regulate  weight  and  quality  of 16  24 


INDEX. 


323 


BREWERIES. 

Power  to  direct  location  of  and  regulate 17  35 

BRIDGES. 

Power  to  establish,  construct,  regulate,  etc 14  7 

Penalty  fur  injuring 43  18 

County  court  may  make  appropriations  towards  building  in  city 47  2 

Persons  breaking  or  injuring  to  repair 133  8 

Penalty  for  not  repaiiing 134  8 

BRICK. 

Power  to  regulate  size,  quality,  and  inspection  of 16  25 

BRICK  KILNS.  See  Brick  Yards. 

BRICK  YARDS. 

Establishment  or  enlargement  of  within  eity  prohibited 59  1 

Penalty  for  establishing  or  enlarging 60  2 

Penalty  for  abandoning  in  such  condition  as  to  become  nuisances 60  3 

BROKERS. 

Power  to  license,  tax,  and  regulate 15  13 

Money. — Who  considered Ill  1 

Licenses  to,  how  granted Ill  2 

Real  Estate. — Who  considered Ill  3 

Licenses  to,  how  granted Ill  3 

BUILDING  MATERIALS. 

Power  to  regula'e,  inspection  and  measuring  of 16  21 

Use  of  in  streets  regulated 132  1 

BUILDINGS. 

Damages  to,  in  opening  streets,  etc.,  how  assessed 22  4 

Power  to  require  to  be  fire  proof 32  1 

When  may  be  torn  down  or  blown  up  to  check  fires 83  10 

Use  of  fires  in,  regulated 87  24 

Construction  of,  in  fire  limits,  regulated 90  32 

Removal  of,  through  streets,  regulated 132  2 

Encroaching  upon  streets,  not  to  be  repaired 136  17 

Penalty  for  injuring,  defacing,  etc.,  of 128-29  138  3 

Dangerous. — Declared  nuisances 144  6 

How  abated 145  7 

Dilapidated. — Power  to  declare  nuisances,  and  require  repairs,  etc.,  of 32  1 

Wooden,  untenantable  in  fire  limits,  declared  nuisances 143  1 

Council  may  require  removal  of 143  2 

Notice  to  remove,  how  given 144  3 

IIow  removed,  or  abated 144  4 

Penalty  for  not  removing  upon  notice 141  5 

Wooden. — Power  to  prohibit  erection,  repair,  removal,  etc.,  of 32  1 

Erection,  removal  or  repair  of,  in  fire  limits,  prohibited 91  35 

When  damaged  fifty  per  cent.,  not  to  bo  repaired 92  35 

Damage  to,  how  ascertained 91  36 

Penalty  for  erecting,  etc 91  37 


824 


INDEX. 


BUILDINGS.  Continued. 

Constructed  contrary  to  ordinance,  declared  nuisances 92 

How  abated 92 

See  Public  Buildings. 

BUPIAL  OF  DE/'D. 

Power  to  regulate 17 

BUKYING  GROUND. 

Establishment,  or  enlargement  of  in  city,  prohibited CO 

Penalty  for  establishing  or  enlarging 60 

Sextons  of  to  keep  bills  of  mortality G6 

Penalty  for  injuring  tombstones,  shrubbery,  graves,  etc.,  in 127 

BUTCHERS. 

Power  to  license,  regulate,  etc 15 

BUTTER. 

Power  to  regulate  inspection,  and  vending  of 15 

CANDLES. 

Use  of,  in  stables,  etc.,  regulated 86 

Penalty  for  negligent  use  of 88 

CARD  PLAYING. 

Power  to  suppress 15 

CATTLE. 

Power  to  X-'i'chibit  running  at  large  of 16 

CELLARS. 

Power  to  fill  up,  drain,  and  compel  cleansing,  etc.,  of 17-34  18 

Penalty  for  leaving  open  in  night  time 129 

CELLAR-WAYS. 

Construction  of,  upon  alleys  and  sidewalks,  regulated 135 

CELLAR  WINDOWS. 

To  have  gratings 136 

CEMETERIES. 

Power  to  establish,  regulate,  improve,  etc 11-10  17 

Lots  in,  exempt  from  execution  and  attachment 42 

Penalty  for  injuring  monuments,  graves,  or  shrubbery,  etc.,  in 127 

See  Burying  Grounds  — Oakridge  Cemetery. 

CENSUS. 

Power  to  provide  for  taking 17 

T.iking  and  returning  of,  regulated 66 

Manner  of  taking 67 

Duties  of  assessor  and  collector,  in  taking 67 

Penally  for  refusing  to  give,  or  giving  false  information  concerning 68 

CERTIFI  'AXES. 

Of  clerk  of  authenticity  of  ordinances,  form  of 168 

Of  purchase  at  tax  sale,  form  of,  and  hoiv  made 30-10  233 

Of  printer,  of  publication  of  notice  for  tax  sales,  form  of 235 

Of  redemption,  form  of 235 


38 

38 


36 

1 

2 

18 

23 

19 

18 

17 

26 

15 
30 

40 

35 

16 
16 

36 
11 
23 


37 

1 

2 

3 

4 

12 

37 

38 

39 


INDEX. 


826 


CESS-POOLS. 

Draining  of  into  public  scAvers  prohibited 109 

CHARCOAL. 

Power  to  regulate  measuring  and  selling  of IG 

CHANDLER’S  SHOPS. 

Power  to  compel  cleansing,  etc.,  of 17 

CHILDREN. 

PoAver  to  take  up  and  provide  for  education,  etc.,  of  destitute IS 

CHIMNEYS. 

PoAver  to  regulate  construction,  etc.,  of 32 

Const)  uction  of,  regulated 8i> 

Cleaning  and  burning  out  of,  regulated 83 

CIRCUSES. 

Tax  for  license  for 112 

CISTERNS. 

Power  to  require  house-holders  to  provide 32 

CITIZENS. 

Of  city,  not  incompetent  as  judges,  jurors  and  witnesses 43 

CITY  CHARTER 3 

Amendments  to 4G 

Declared  public  act 44 

CITY  CLERK. 

Accounts. — To  audit 246 

Accounts  of  city,  hoAv  to  be  kept  by 247 

Aldermen.,— When  no  quorum  of,  elected,  may  call  elections  to  fill  vacancies  5 

Appropriations. — To  notify  council  when  exhausted 58-3  ICl 

Attorney. — May  hold  ofiBce  of 10 

Board  of  Health. — To  be  clerk  of 34-1  99 

To  keep  account  of  expenditures  of 101 

Bonds. — To  certify  approval  of,  and  file  ofi&eial 12-17  149 

And  other  papers,  to  deliAmr  to  attorney  for  suit,  taking  receipt 156 

Books  and  Papers  op  City. — To  preserve 9 

Cemetery. — To  keep  record  and  plat  of 61 

To  receive  applications  for  purchase  of  lots  in 62 

To  make  out  deeds  for  lots  in 62 

To  keep  cemetery  accounts,  and  report  concerning 63 

To  receive  application  for,  and  make  entry  of  interments  in 64 

To  receive  fees  for  interment  in 65 

To  receive  sexton’s  fees 65 

To  file  certificates  of  interment  in 64 

To  compare  certificates  of  interment  Avith  books 64 

To  make  entry  of  dis-interments,  and  re-interments  in 65 

City  Council. — To  attend  meetings,  and  keep  record  of  proceedings  of 9 

Commissions. — To  prepare 195 

Corporate  Seal. — To  have  custody  of,  to  afiix  and  certify  under 9-10  195 

Drays,  etc. — To  register  number  of 115 


11 

22 

34 


39 


2 

16 

25 

3 

4 
19 


SO 

1 

2,  3 

4 
7 

11 

1 

9 
1 
2 

10 

2,5 

6 

6 

7 

10 
12 
13 
11 
11 
13 
10 

2 

2 

5 


326 


INDEX. 


CITY  CLERK.  Continued. 

Elections. — May  call  special,  and  appoint  judges  of,  when  no  quorum  of 

aldermen  elected 5 4 

To  give  notice  of  time  and  place  of,  and  officers  to  be  elected 6-1  71  1 

To  notify  judges  of,  of  appointment 71  2 

To  provide  ballot  boxes  for 73  8 

To  provide  poll  lists  for 73  9 

To  canvass  returns  of 77  18 

To  enter  result  of  on  journals 77  18 

To  notify  persons  elected 7-1  78  20 

Duties  of,  in  contested 79  28 

Engineer. — To  return  plats,  etc.,  to,  when  council  done  with 159  6 

Fees  of 154  3 

Firemen. — To  keep  register  of 83  9 

Lamp  District  Account. — To  keep 97  3 

Lamp  Taxes. — To  enter  in  collectors  warrant 96  2 

Licenses. — To  issue  and  sign 107  2,  3 

To  pay  moneys  for,  into  treasury,  and  report  concerning 108  6 

To  keep  register  of ] 08  5 

Nuisance  Assessments. — To  make  out  warrants  for 147  2 

To  deliver  order  of  sale  for,  to  collector 148  6 

Oatus. — May  administer ]0  10 

Officers.- -To  deliver  copy  of  charges  to,  accused  of  delinquency 152  9 

To  report  delinquent,  to  council 249  8 

Ordinances.— To  enroll  and  index 167  12 

To  file  and  preserve  originals  of 167  12 

May  correct  clerical  errors  in 167  12 

To  publish,  with  certificate  of  auiheuiicity  attached 168  12 

To  procure  proof  of  publication  of. 168  12 

To  see  to  proper  printing  of 168  12 

Redemption.— To  give  certificate  of 235  39 

To  make  entry  of,  on  record  of  tax  sales 235  39 

To  make  special  deposits  of  money  for,  with  treasurer 235  39 

Reports.— To  make  annual,  to  council 250  12 

Salary  of 154  1 

School  Agent.— To  charge  and  credit,  with  school  fund 193  3 

School  Fund.— -To  receive  city’s  portion  of,  from  school  commissioner ]91  10 

School  Inspectors.— To  provide  books,  stationery,  etc.,  for,  upon  requisi- 
tion  188-3  191  11 

School  Teachers.— To  draw  warrants  for  salaries  of 192  14 

Sewers.— To  enter  tax  for  in  collector’s  warrant 197  4 

To  keep  sewer  district  account 197  6 

To  file  petitions  for 199  12 

Sidewalks. — To  publish  notice  of  order  for 202  5 

To  deliver  to  supervisor  copy  of  older  for 202  6 

Warrants,  to  issue  and  deliver  to  collector 208  13 

To  take  receipt  of  collector  for,  and  charge  him  with 208  14 

To  keep  sidewalk  account 208  14 

To  deliver  copy  of  order  of  sale  for  assessments  for,  to  collector 210  18 


INDEX 


827 


CITY  CLERK.  Continued. 

Slaughter  Houses. — To  issue  permits  for,  etc 214  2 

Streets  and  Alleys.— To  give  notice  of  return  of  assessment  for  opening.  23  11 

Street  Improvements. — To  enter  tax  for,  in  collector’s  warrant 217  5 

To  keep  street  improvement  account 218  7 

Street  Taxes. — To  return  list  of  voters  on  poll  books  for 241  5 

To  charge  names  on  list  with 241  5 

To  charge  delinquents  for  prior  years  with 241  4 

Street  Tax  Warrants. — To  issue  and  deliver  to  collector 241  7 

To  take  collector’s  reeceipt  for,  and  charge  to  him 241  7 

Supervisor. — To  charge,  with  implements,  etc.  of  city 160  3 

Tax  Lists. — To  give  notice  of  hearing  of  objections  to 27  2 223  12 

Taxes. — To  calculate 225  18 

Tax  Warrants. — To  issue  and  deliver  to  collector , 225  18 

To  take  duplicate  receipts  from  collector  for 227  21 

Tax  Warrants. — To  file  collector’s  receipt  for,  with  treasurer 227  21 

To  charge  collector  with  receipt  for 227  21 

Tax  Sales.  To  deliver  warrant  and  copy  of  order  for,  to  collector 231  31 

When  to  attend 233  35 

Not  to  bid  at 233  35 

To  record  list  of 235  38 

To  file  afiidavits  of  purchasers  at 237  41 

To  make  entries  of  erroneous  tax  sales,  on  record  of 238  47 

Tax  Deeds.-  To  make  out  and  deliver 237  42 

To  make  entry  of,  on  record  of  tax  sales 237  42 

Fees  for 30  11 

Treasury  Warrants. — To  issue 10-10  246  1 

To  keep  list  of 246  1 

To  take  receipt  for,  upon  delivery 246  1 

To  charge  to  proper  fund 247  3 

To  credit  treasurer  with  cancelled 248  5 

AVhen  lost,  how  may  issue  duplicate 248  7 

Wards. — To  keep  accounts  with 161  7 

Weigher. — To  provide  books  and  certificates  for 164  8 

How  to  keep  accounts  with 164  8 

CITY  CORPORATION. 

Creation  and  powers  of 3 2 

CITY  COUNCIL. 

How  constituted 12  1 

Clerk  to  keep  record  of  proceedings  of 9 10 

Mayor  to  preside  over 12  1 

Majority  of  members  elected  a quorum  of 12  1 

May  fix  time  and  place  of  meeting 12  1 

To  hold  monthly  meetings 13  3 

Special  meetings  of,  how  called 13  5 

To  receive  petitions  and  remonstrances 13  3 

May  prescribe  rules  of  proceedings 13  3 


328 


INDEX. 


CITY  COUNCIL.  Continued. 

To  be  judge  of  qualifications  of  own  members 13  3 

May  compel  attendance  of  absent  members 33  3 

Members  of,  ex-officio  school  inspectors 37  7 

Members  of,  exempt  from  jury  duty,  or  street  taxes 9-9  239  1 

How  ma3*  remit  fines,  etc 41  10 

To  give  notice  of  intention  to  open  streets 21  2 

To  appoint  commissioners  to  assess  damages  for  opening  streets 21  2 

To  hear  objections  to  assessments  for  opening  streets 23  11 

To  make  return  in  appeals  for  opening  streets 24  16 

Legislative  powers  of 13  4 

To  make  annual  appropriations 57-1  161  7 

May  order  removal  or  alteration  of  awnings 58  1 

To  appoint  board  of  health  annuall}' 34-1  99  1 

To  appoint  judges  of  elections  aunualh* 71  2 

To  declare  I'esuli  of  elections 77  18 

To  order  new  election  when  ballot-box  destroyed 79  27 

Duties  of,  in  cases  of  contested  elections 79  28 

To  provide  fire  apparatus,  etc 80  2 

May  order  erection  of  street  lamps 95  2 

To  assess  costs  of  abating  nuisances  against  premises  chargeable 146  1 

To  order  sales  of  delinquent  premises  for  nuisance  assessments 147  5 

How  may  declare  lots,  etc.,  nuisances 142  3 

May  require  bonds  of  officers 149  1 

To  approve  bonds  of  officers 149  1 

May  require  new  bonds  of  officers 149  1 

May  grant  leave  of  absence  to  officers 151  7 

May  withhold  salaries  of  officers  to  secure  city  from  loss 151  8 

When  officers  fail  to  perform  duties,  may  employ  duties  to  be  performed.. 151  8 

To  appoint  committee  to  examine  charges  against  delinquent  officers.-....] 52  9 

To  set  day  for  hearing  charges  against  officers 152  9 

To  determine  charges  against  officers  by  “yeas  and  nays'’ 152  9 

May  compel  attendance  of  witnesses  in  trials  of  officers 5 5 

May  fill  vacancies  of  officers  suspended 5-5  153  12 

May  remove  officers  appointed,  b\'  vote  of  two  thirds 353  13 

To  order  delinquent  officers  to  settle  accounts 249  8 

To  approve  grades  and  boundaries  of  streets  and  alleys 157  1 

When  may  order  construction  of  sewers 26-3  195  1 

To  publish  annual  statements  concerning  schools 38-18  190  8 

May  order  laying,  etc.  of  sidewalks 202  4 

To  order  supervisor  to  lay  delinquent  sidewalks ,..2C5  10 

To  order  costs  of  sidewalks  to  be  assessed  against  premises  chargeable. ...207  12 

To  order  sale  of  delinquent  premises  for  sidewalk  assessments 209  17 

To  fix  day  for  hearing  objections  to  tax  lists 27-2  223  12 

How  to  determine  objections  to  tax  lists 224  14 

To  order  warrants  for  collection  of  taxes 224  16 

To  order  clerk  to  enter  property  omitted,  for  taxation 228  26 

May  order  delinquent  personal  taxes  to  be  charged  against  real  estate. ...230  29 


INDEX. 


829 


CITY  COUNCIL.  Continued. 

To  order  sales  of  delinquent  real  es  tate  for  taxes 230  30 

To  approve  collector’s  return  of  tax  s‘Ues 235  38 

To  order  execution  of  tax  deeds 236  41 

To  refund  taxes  erroneously  paid 238  45 

To  refund  overpayments  of  taxes  to  collector 238  46 

To  order  warrants  for  street  taxes 241  6 

May  order  suits  for  street  taxes 243  0 

CITY  GRAVE  YARD. 

Mayor  to  keep  in  good  order 60  3 

Interment  in  prohibited CO  3 

CTiY  LIMITS. 

Original,  extended,  and  present 3-1  45-1  47  I 

CITY  PHYSICIAN. 

Meaning  of  term  defined 103  1 

Duties  of 100-6  102  1 

Office  of,  repealed 103  1 

CLAY  PITS.  See  Brickyards. 

COAL. 

Power  to  provide  for  weighing  and  selling  of 16  22 

Weighing  and  sale  of  regulated 162  2 

Deductions  in  weighing 163  4 

COALS. 

Carrying  of  live,  regulated 86  19 

COAL  HOLES. 

To  have  gratings 136  16 

COMBUSTIBLE  MATERIALS. 

Deposit,  etc.,  of,  regulated 87  21 

Burning  of,  regulated 87  22 

Penalty  for  negligent  use  of 88  26 

COMMISSIONS. 

Of  officers,  form  of 12-19  150  2 

Clerk  to  prepare 195  2 

Of  officers  in  lieu  of  costs 181  28 

COMMISSIONERS  TO  ASSESS  DAMAGES  EOR  OPENING  STREETS. 

How  chosen 21  2 

To  be  sworn 21  3 

To  give  notice  before  making  assessments,  manner  of  notice 21  3 

How  to  assess  damages  to  buildings 22  4 

To  give  n t ce  of  assessment  to  owner  of  building 22  5 

Manner  and  contents  of  notice 22  6 

Owner  of  building  to  have  time  to  remove 22  5 

Proceedings,  when  owner  of  building  refuses  to  remove 22  6 

How  to  make  assessments  and  award  damages 22  t 

42 


330 


INDEX. 


COMMISSIONEES.  Continued. 

To  strike  balance  of  damages,  or  benefit? 22  8 

Proceedings  when  land  and  buildings  belong  to  different  persons 23  9 

To  assess  damages  on  property  benefited 23  10 

To  sign  and  return  assessment,  time  of  return 23  10 

Clerk  to  give  notice  of  return  of  assessment  of 23  11 

Council  to  hear  objections  to  assessment  of 23  11 

Council  may  confirm  or  annul,  or  refer  assessment  back  to 23  11 

Procee'^ings  void  when  assessment  of  annulled 23  11 

If  assessment  of  confirmed,  wai’rant  to  issue 23  11 

Assessment  referred  back,  same  proceedings  to  be  had  over 23  11 

Power  to  remove  and  appoint  new 23  12 

CONSEEVATORS  OF  THE  PEACE. 

Mayor  and  aldermen  created 9 9 

Power  of  to  arrest  and  commit  offenders 44  27 

CONTAGIOUS  DISEASES. 

Power  to  prevent  introduction  of 13  3 

CONTRACTS. 

Discharged  when  lands  condemned  for  public  use 24  14 

Concerning  lands,  when  discharged  pro  rata 24  15 

With  city,  to  be  plainly  written 149  1 

Attorney  to  draw  up,  or  approve  form  of 165  1 

CORNER  STONES. 

Penalty  for  removing 134  9 

Surveyor  to  place 158  4 

CORNICES. 

Construction  of,  in  fire  limits,  regulated 90  33 

COSTS. 

Not  to  be  taxed  against  city 179  20 

Of  malicious  suits,  may  be  taxed  against  prosecutor 179  21 

Commissions  of  officers  in  lieu  of 181  28 

COUNTERFEITING  IMPLEMENTS. 

To  be  seized  and  destroyed 92  1 

COURT. 

Meaning  of  defined 166  3 

CRIMINALS. 

Provisions  concerning 40  4 

CROSSINGS. 

Power  to  construct,  etc 14-7  25  2 

How  to  be  constructed 161  8 

Not  to  be  obstructed  with  teams,  etc 137  23 

CULVERTS. 

Power  to  construct,  etc 14  7 

How  to  be  constructed 162  8 

Persons  injuring  to  repair,  penalty  for  not  repairing 133  8 


INDEX 


831 


CURBINa. 

How  to  be  constructed 201  1 

Repair,  and  relaying  of,  how  made 211  21 

Penalty  for  not  repairing  after  notice 213  25 

DAMAGES. 

To  buildings  in  opening  streets,  etc.,  bow  assessed 22  4 

To  lands  in  opening  streets,  etc.,  how  awarded 22  7 

Eor  opening  streets  to  be  assessed  on  property  benefited 23  10 

To  buildings  in  fire  limits,  how  ascertained 91  36 

Gas  company  liable  for  in  use  of  streets,  etc 94  1 

Persons  obstructing  streets  liable  for 135  15 

Sureties  of  city  on  appeal  bonds  indemnified  from  loss  or 156  2 

Owner  of  adjoining  premises  liable  to,  for  bad  condition  of  sidewalks 213  24 

DANGEROUS  AMUSEMENTS. 

Power  to  prohibit 17  31 

DANGEROUS  OCCUPATIONS. 

Power  to  regulate 32  5 

DEAD. 

Power  to  regulate  burial  of 17  36 

DEAD  ANIMALS. 

Penalty  for  leaving  in  city 140  5 

Removal  of,  regulated 140  6 

DEBT. 

Council  not  to  incur,  without  levying  tax  to  pay  interest 19  3 

Of  city,  surplus  money  may  be  appropriated  to  pay 13  1 

Of  city,  power  to  provide  for  paying 13  2 

Ordinance  creating,  for  sewers,  not  to  be  repealed 26  3 

Of  city,  clerk  to  keep  account  of 247  3 

Action  of,  may  be  brought  for  penalties,  etc 42  14 

DEBTORS. 

Of  city,  accounts  in  favor  of,  how  allowevl 249  9 . 

DEEDS. 

For  cemetery  lots,  form  of,  and  how  made 62  6 

For  lands  sold  for  taxes.  See  Tax  Deeds. 

DEFAULTERS. 

Ineligible  for  any  city  office 6 7 

Who  considered 6 7 

Office  of,  vacated 6 7 

DELINQUENTS. 

For  taxes,  collector  to  return  list  of 230  29 

Taxes  due  from,  may  be  charged  against  real  estate 230  29 


332 


INDEX. 


demand. 

What  considered  a 29  6 

Of  payment  of  nuisance  warrants,  how  made 147  3 

Of  payment  of  sidewalk  warrants,  how  made 209  15 

Of  payment  of  taxes,  how  made 227  22 

DEPOSITIONS. 

Of  witnesses  in  contested  elections,  when  may  be  taken 80  30 

Of  witnesses  in  trials  of  officers,  when  may  be  taken 163  11 

DISORDERLY  ASSEMBLAGES. 

Povrer  to  suppress,  etc 16  27 

Penalty  for  permitting,  upon  premises 124  4 

DISORDERLY  CONDUCT, 

Penalty  fjr 124  2,3 

DISORDERLY  HOUSES. 

Power  to  suppress,  etc 18  15 

Penalty  for  keeping,  frequenting,  etc.,  of 125  16 

Penalty  for  permitting  premises  to  be  used  for 125  16 

DISPENSARIES. 

Power  to  establish,  regulate,  etc 14  11 

DISTILLERIES. 

Power  to  regulate,  etc 17  35 

DISTRESS. 

When  collector  may  levy,  for  taxes,  etc 29-6  227  23 

Sales  of,  how  made : 228  24 

Personal  property  may  be  distrained  for  taxes  on  real 229  27 

Collector  may  levy,  after  return  of  warrant 237  43 

DISTURBANCES. 

^ Power  to  suppress 16  27 

Penalty  for 124  3 

Of  lawful  assemblies,  penalty  for... 124  7 

Of  the  peace,  penalty  for 124  3 

Of  the  peace  at  elections,  penalty  for 78  21 

Of  religious  assemblages,  penalty  for 78  6 

DOGS. 

Power  to  prohibit  running  at  large  of ; to  destroy,  etc 17  30 

Running  at  large  of,  regulated 68  1 

To  be  registered  annually 68  2 

Mayor  or  council  may  require  to  be  confined  or  muzzled 68  3 

When  to  be  killed 69  3,  4 

Bitches  in  htat  running  at  large  declared  nuisances 69  5 

Fees  of  officers  for  killing 69  6 

Officers  may  employ  assistants  to  kill 69  7 

Officers  to  remove  dead,  beyond  city 69  7 


INDEX. 


0^0 

ooo 


DOGS.  Continued. 

Officers  to  report  to  council  concerning 70  8 

Penalty  for  obstructing  officer  in  killing 70  9 

Penalty  for  killing,  etc.,  of,  illegally 70  10 

Dangerous. — Running  at  large  of,  prohibited 70  11 

Officers  to  kill 70  11 

DRAINS. 

Natural. — Power  to  straighten,  sewer,  prevent  filling  up,  etc.,  of 14  7 

Penalty  for  obstructing,  etc.,  of. 244  1 

Main Power  to  construct,  etc 25  2 

Private. — Power  to  regulate  construction,  etc.,  of 18-40  26  4 

DRAYS. 

To  be  numbered  and  registered 115  5 

License  not  required  for  private,  etc 114  2 

DRAYMEN. 

Power  to  license,  lx  compensation,  etc.,  of 15  14 

To  be  licensed 114  1 

Tax  for  license  as 114  2 

Minors,  or  non-residents,  not  to  be  licensed  as 114  4 

To  give  bond 115  4 

Fees  and  charges  of 115-6  117  1 

Regulations  concerning 115  7,  8,9 

Marshal  to  designate  s d^  for 116  10 

To  keep  certified  copy  of  fees 116  11 

Penalty  for  keeping  false  copy  of  fees 116  11 

DRUNKENNESS. 

Penalty  for,  in  public 124  9 

Police  officers  to  arrest  persons  guilty  of 122  19 

DWELLINGS. 

Wooden. — Repair  of,  in  fire  limits,  regulated 91  35 

ELECTIONS. 

Power  to  regulate,  and  appoint  judges  of 7 2 

Charter,  when  and  how  hold 6-1  71  1 

Notice  of  how  given 71  1 

Special,  bow  held  and  conducted 71  ] 

Judges  of,  how  appointed  and  notified 71  2 

Judges  of,  how  to  be  chosen 72  3 

Alternates,  how  appointed  and  notified,  and  when  to  serve 71  2 

Judges  or  alternates  not  acting,  vacancy,  how  supplied 71  3 

Clerks  i>f,  how  appointed 72  4 

Who  incompetent  as  judges  or  clerks  of 72  4 

Oath  of  judges  and  clerks  at,  how  administered 72  5 

Returns  not  invalid  for  informality  in  oath 73  5 

Judges  or  clerks  at,  unable  to  act,  substitute,  how  appointed 73  6 


334 


INDEX. 


ELECTIONS.  Continued. 

Oath  of  substitute  at,  and  time  of,  how  noted 73  6 

Polls,  when  and  how  opened 73  7 

Ballot  boxes,  how  provided,  constructed  and  used  at 73  8 

Judges  to  examine  ballot  boxes  before  receiving  votes 73  8 

Poll  lists,  how  provided,  form  of,  and  votes  how  registered  on 73  9 

Affidavit  of  judges  and  clerks  to  be  aflSxed  to  poll  lists 72  5 

Clerks  of,  how  to  register  Amtes  on  poll  lists 73  9 

Voting  at,  to  be  by  ballot 7-2  74  10 

Ballots,  form  of,  and  manner  of  voting  at 74  30 

Judges  not  to  open  ballots  except  to  see  if  single 74  10 

Judges  not  to  mark  ballot  except  when  A'ote  rejected 74  10 

Judges  to  correct  errors  in  poll  lists 75  14 

Vote  of  person  offering  double  ballot  to  be  rejected 74  10 

Who  legal  voters  at 7-3  74  11 

Voters  at,  to  A'ote  in  wards 7-3  74  11 

"Who  may  challenge  voters  at 74  32 

Oath  of  challenged  voters 7-3  75  12 

Ballot  boxes,  bow  sealed  and  kept  Avben  polls  not  open 75  13 

Clerks  to  compare  and  correct  poll  lists 75  34 

Judges  and  clerks  to  canvass  ballots,  how  canvassed 75  14,15 

Ballots,  when  counted,  to  be  returned  to  city  clerk 76  15 

Rejected  A'otes  and  ballots,  boAV  returned 76  15 

Clerks  to  make  out  returns  of,  form  of  returns 76  16 

Returns  of,  bow  directed,  sealed  and  transmitted 77  17 

One  of  judges  to  keep  copy  of  returns 77  17 

One  of  judges  to  be  chosen  to  deliver  returns 77  17 

Penalty  for  not  delivering  returns 77  17 

City  clerk  to  notify  mayor  or  two  aldermen,  wbon  returns  tiled 77  18 

Mayor  or  aldermen  to  call  special  meeting  when  returns  filed 77  18 

Clerk  to  canvass  returns 77  18 

Council  to  declare  result  of 7.2  77  18 

Who  to  be  declared  elected  at 7 2 

Clerk  to  enter  result  of,  on  journals 77  18 

Clerk  to  notify  officer  elected 7-2  78  20 

Judges  and  police  officei’S  to  keep  order  at  polls 78  21 

Penalty  for  disturbing  peace  at  polls 78  21 

Penalty  for  illegal  voting  at 78  22,  23 

Penalty  for  misconduct  of  judges  and  clerks  of 78  24,  25 

Penalty  for  seizing  or  carrying  away  ballot  boxes,  or  poll  lists,  at 79  26 

Election  void  when  ballots  destroyed  at 79  27 

How  contested 79  28 

Certificate  of  election  not  to  be  issued  in  contested 79  28 

Witnesses  in  contested,  how  summoned,  etc 79  30 

Fees  of  judges  and  clerks  of 80  31 

Not  to  be  held  in  groceries 7 4 

Votei'S  at,  exempt  from  arrest  on  civil  process 7 5 


INDEX. 


835 


ENGINE  HOUSES. 

Power  to  provide 33  3 

How  to  be  provided 80  2 

Fire  companies  to  have  custody  of 82  6 

ENGINEER. 

Powers  and  duties  of 10  I4 

To  make  plans  and  estimates  for  public  works 157  1 

To  superintend  construction  of  public  woi'ks 157-1  256  7 

To  make  surveys  of  grades,  and  boundaries  of  streets  and  alleys 157  1 

Grades  and  boundaries  not  established  till  approved  by  council 157  1 

To  receive,  measure,  and  keep  account  of  materials 157  1 

To  examine  and  certify  accounts  for  materials lo7  1 

To  preserve  records,  plats,  etc',  of  office 157  2 

To  keep  diagram  of  grades  and  boundaries  of  streets 157  2 

To  make  surveys  within  city 158  3 

To  employ  chainmen  at  own  expense 158  3 

Oath  of  chainmen,  or  assistants 158  3 

To  acquaint  himself  with,  and  procure  field  notes  of  original  surveys 158  3 

To  note  errors  in  original  surveys 158  3 

To  mark  corners  of  lands  surveyed 157  4 

To  give  certificates  of,  and  record  surveys 158  4 

Validity  of  surveys  of 10  14 

To  mark  grades  of  streets  or  alleys,  without  charge 158  5 

Clerk  to  return  plats,  etc.,  to,  when  council  done  with 159  6 

To  lay  out  cemetery  grounds 61  2 

To  report  progress  and  ust  of  sewers 197  5 

To  keep  plat  of  sewer  districts 199  13 

To  survey  and  report  plans  of  sewering  branches,  etc 244  3 

To  supervise  filling  up  and  sewering  of  branches,  etc 244  3 

To  enter  plat  of  town  branch  in  diagram  of  grades 245  2 

To  suspend  public  works  when  not  done  properly 257  7 

Certifying  to  contracts  wrongly,  liable  for  loss 257  7 

Salary  of 165  1 

Fees  of 158  5 

ENGINEERS  OF  FIRE  DEPARTMENT. 

Power  to  appoint,  and  prescribe  duties  of 33  4 

Chief  and  assistant,  created 80  1 

How  to  command  at  fires 81  4 

Powers  and  duties  of 89  30 

ERECTIONS. 

Dangerous,  declared  nuisances 144  6 

How  abated 145  7 

Penalty  for  making,  encroaching  on  streets 132  3 

Penalty  for  making,  without  ascertaining  line  of  street 132  4 

Encroaching  on  streets,  penalty  for  repairing 136  17 


i 


336  INDEX. 


EVIDENCE. 

Copies  of  journals  and  papers  of  city  clerk 9 10 

Assessment  and  tax  lists 29  6 

Of  exemption  of  firemen 33-4  83  9 

I Oath  of  purchaser  at  tax  sales,  facie 237  41 

Tax  deeds  of  what,  facie  and  ( 0110.1  sive 31  14 

AYhat  conclusive,  of  publication  of  ordinances 42  13 

EXCAVATIONy. 

Penalty  for  making  in  streets  without  permit 133  8 

Penalty  for  leaving  open  in  night  time 129  35 

EXCKEME  n'T. 

Removal  of,  regulated 140  6 

EXECUTIONS. 

For  penalties  may  issue  instanter 43  17 

Form  of,  and  how  executed 43  17 

Attorney  to  collect 156  2 

EXHIBITIONS. 

Power  to  license,  tax,  regulate,  etc 15  13 

Prohibited  without  license 112  1 

AVhat,  exempted 112  2 

Tax  for  license  for 112  3 

Regulations  concerning 113  4,  5 

Licenses  for,  how  forfeited 113  5 

FALS.O  ALAR-1. 

Penalty  for  making,  or  false  cry  for  assistance 124  8 

FAST  DRIVING. 

Penalty  for 128  30 

FEES. 

For  impounding  and  selling  animals 105  4 

Of  marshal  for  registering  dogs 68  2 

For  killing  dogs 69  6 

Of  draymen 115-6  117  1 

Of  hackmen 252  3 

Of  judges  and  clerks  of  elections 80  31 

Of  clerk  for  issuing  permits  to  keep  gunpowder 99  9 

Of  clerk  for  issuing  and  certifying  licenses 108  6 

Of  marshal  for  collecting  license  moneys 109  8 

Of  city  clerk 154  3 

Of  attorney 156  3 

Of  engineer 158  5 

Of  weigher 162  3 

Not  to  be  charged  against  city 155  3 

Officers  to  keep  account  of,  received  and  report  coucuning 155  4 

For  interring  in  cemetery 65  12 

Of  sexton 65  13 


INDEX 


837 


FEES.  Continued. 

Of  marshal  for  executing  process 10  13 

Of  police  constables  for  executing  process 176  9 

Of  police  officers  and  police  magistrates  in  lieu  of  costs 181  28 

Of  assessor  and  collector  for  distraining  for  taxes 228  2-k 

Of  clerk  for  ceuificate  of  redemption 235  39 

Of  clerk  for  tax  deeds 30  11 

FENCES. 

Power  to  regulate  building  of  partition 33  8 

Penalty  for  injuring,  fastening  animals  to,  etc 128  28 

Encroaching  upon  streets  not  to  be  repaired 136  17 

figures. 

May  be  used  in  tax  lists 23S  48 

FINANCE  COMMITTEE. 

Duties  of 249  10 

FINES. 

Power  to  impose,  not  to  exceed  $500 19  42 

How  recovered 19  42 

Certain  to  be  paid  to  school  fund 40  5 

AVhen  and  how  council  may  remit 41  10 

Imprisonment  for  non-payment  of 43  17 

Offenders  to  stand  committed  until  paid 1 19  42 

Not  to  be  repealed  by  subseciuent  ordinance 167  9 

Imposed  by  different  ordinances,  prosecutor  to  elect  under  which  to  pro- 
ceed  167  10 

FIRES. 

Who  to  command  at 81  4 

Duties  of  officers  at 82  6 

Limits  may  be  prescribed  at 84  14 

'When  buildings  may  be  torn  down  to  check 83  10 

Bystanders  to  aid  at,  when  required 83  11 

Penalty  for  riotous  conduct  at 84  12 

Use  of,  in  stables,  etc.,  regulated 86  17 

Use  of,  out  doors  and  in  sheds  regulated 87  24 

Carrying  of,  regulated 86  19 

Penalty  for  negligent  use  of 88  26 

Penalty  fur  kindling  or  leaving  upon  planked  street  or  sidewalk 134  12 

FIRE  APPARATUS. 

Power  to  provide 33  3 

How  provided  and  kept 80  2 

Mayor  to  cause  to  be  repaired 81  2 

Mayor  to  report  condition  of 81  3 

Fire  companies  to  have  custody  of 82  6 

Penalty  for  using  for  private  purposes,  or  removing 83  8 

Penalty  for  injuring 84  15 

43 


338 


INDEX. 


FIRE  ARMS. 

Power  to  regulate  or  prohibit  use  of 32  6 

Peualty  for  discharging 129  33 

FIRE  BUCKETS. 

Power  to  compel  citizens  to  provide^  and  regulate  use  of 32  4 

FIRE  COMPANIES. 

Power  to  organize 33  1 

Organization  of,  and  duties 82  6 

Duties  of,  at  fires 82  7 

Mayor  to  report  concerning 81  3 

To  report  list  of  members  to  mayor ; 83  9 

FIRE  DEPARTMENT. 

How  constituted 80  1 

Mayor  to  have  control  over 81  3 

FIRE  LIMITS. 

Power  to  establish 32  1 

Defined 90  31 

Construction  of  buildings  in,  regulated 90  32 

Erection,  etc.,  of  wooden  buildings  in,  prohibited 91  35 

FIREMEN. 

Power  to  appoint  and  prescribe  duties  of 33  2 

Exempt  from  jury  duty  and  street  taxes 33  4 

Clerk  to  keep  register  of 83  9 

Evidence  of  exemption  of 33-4  83  9 

FIRE  WALLS. 

Construction  of,  regulated 91  34 

FIRE  WARDENS. 

Who,  and  powers  and  duties  of 89  30 

FIRE  WORKS. 

Power  to  prohibit  use  of 32  6 

Penalty  for  setting  off  of 129  33 

FISCAL  YEAR. 

When  to  commence 250  14 

FISH. 

Power  to  regulate  inspection  and  selling  of 15  18 

FLOUR. 

Power  to  regulate  inspection  of 16  23 

FORESTALLING. 

Powei  to  prevent  and  punish 15  18 

FOUNDRIES. 

Po  wer  to  regulate 17  35 


INDEX. 


839 


FRAUDULENT  DEVICES  AND,  PRACTICES. 

Power  to  suppress 15  15 

FUEL. 

Power  to  regulate  measuring  and  selliug  of 16  22 

Placing  in  streets,  etc.,  regulated 135  13 

GAMBLING. 

Power  to  suppress,  etc 15  15 

Penalty  for 125  14 

Penalty  for  permitting  on  premises 125  15 

Houses. — Power  to  suppress,  etc 15  15 

Penalty  for  keeping,  frequenting,  etc 122  16 

Penalty  for  iDermitting  premises  to  be  used  for 125  16 

GAMING  IMPLEMENTS  AND  DEVICES. 

Power  to  destroy,  etc 15  15 

To  be  seized  and  destroyed 92  1 

Penalty  for  keeping 125  15 

GAS  LIGHTS. 

Penalty  for  negligent  use  of 88  26 

GAS  LIGHT  COMMITTEE. 

To  inspect  street  lamps 96  5 

To  require  proper  lighting  of  street  lamps 96  1 

GAS  LIGHT  COMPANY. 

Charter  of .' 307 

Proposition  and  contract  of 310 

Use  of  streets,  etc.,  granted  to 94  1 

Use  of  streets,  etc.,  by,  regulated 94  1 

Liable  for  damages  arising  in  use  of  streets 94  1 

To  erect  public  lamps  for  city 94  2 

To  light  and  repair  street  lamps 94  2 

Compensation  of  for  street  lamps 94  2 

To  keep  lamps  well  cleaned 95  3 

Penalty  for  injuring  property  of 127  24 

GAS  PIPES. 

Power  to  control  laying  of  in  streets 14-8  309  6 

Laying  of,  regulated 94  1 

GAUGERS. 

Power  to  appoint,  etc 16  23 

GEESE. 

Power  to  prohibit  running  at  large  of 16  30 

Running  at  large  of,  prohibited 104  1 

GOATS. 

Power  to  prohibit  running  at  large  of 16  30 

Running  at  large  of,  prohibited 104  1 


340 


INDEX, 


GRADES. 

Penalty  for  removing  stakes  of 

Engineer  to  make  survej’s  of 

Council  to  ai>prove  and  establish 

Engineer  to  keep  diagram  of 

"When  engineer  to  mark,  without  charge 
Of  sidewalks,  how  established,  etc 

GRAVES. 

Penalty  for  trespassing  upon,  etc 

Depth  of,  regulated 

GROCERIES. 

Elections  not  to  be  held  in 

Power  to  suppress  and  restrain 

Power  to  comijel  cleansing  of 

Penalty  for  loitering  about 

Penalty  for  disorderly  conduct  in 


GROCERY  KEEPERS. 

Power  to  license,  suppress,  etc,, 

Prohibited  without  license 

How  license  granted  to 

To  give  bond 

Not  to  permit  drunkenness  or.gambling  in  groceries 

Not  to  sell  or  keep  open  on  Sunday 

Not  to  keep  ojjen  groceries  after  11,  P.  M 

Not  to  sell  to  minors,  or  drunken  persons 

Not  to  employ  minors  as  clerks 

To  notify  minors  or  drunken  persons  to  leave  groceries... 
May  arrest  minors,  or  drunken  persons,  rcfusl:  g to  leave 

Not  to  sell  or  give  liquor  to  diunkards  after  notice 

To  keep  orderly  house 

May  arrest  offenders  in  groceries 

How  license  cf,  forfeited 

To  keep  copy  of  ordinance  concerning  liquors 

Police  oflBcers  to  enforce  ordinances  concerning 


GUN  POWDER. 

Power  to  regulate,  and  keeping  of 

Not  to  be  k^pt  for  sale  without  permit 

Permits  for  keeping,  how  granted  and  forfeited 

Storing  and  keeping  of,  regulated 

Selling  of,  regulated 

Persons  keeping  for  sale,  to  keep  up  sign 

Carrying  of,  regulated 

Penalty  for  concealing 

Duty  of  persons  keeping,  in  case  of  fire 

Kept  contrary  to  ordinance,  to  be  seized  by  marshal 


131  7 

157  1 

.11-11  157  1 

157  2 

158  5 

212  23 

66-16  127  23 

65  14 


, 7 4 

15  15 

17  34 

.120  10 

100  13 


. 15  13 

.117  1 

.118  2 

.118  5 

.119  6 

.119  7 

.119  8 

,119  9 

119  9 

120  10 

120  10 

120  11 

120  12 

,121  14 

121  17 

122  21 

122  19 


33  7 

97  1 

98  8, 9 

97  2 

97  3 

98  4 

98  5 

98  C 

98  7 

98  8 


INDEX. 


841 


GUTTEllS. 

Of  buildings  in  fire  limit',  construction  of,  regulated 90  33 

HACK  MEN. 

Power  to  license,  fix  fees  of,  etc 15  14 

Prohibited  without  license 252  1 

Keepers  of  livery  stables,  when  not  considered 252  1 

Tax  for  license  fur 252  2 

Minors  and  non-residents  not  to  be  licensed  as 252  2 

Fees  and  charges  of 252  2 

Penalty  for  refusal  to  carry  passengers,  or  for  extortion 252  4 

To  keep  certified  copy  of  fees 252  6 

Penalty  for  producing  false  copy  of  fees 552  5 

HACKNEY  CAKKIAGES.  See  IIackmen. 

HAWKERS. 

Power  to  license,  tax,  suppress,  etc 15  13 

HAY. 

Power  to  provide  for  weighing  and  selling  of...., 16  22 

Weighing  and  sale  of,  regulated 162  2 

Deductions  in  weighing 163  4 

What  a ton  of. 163  4 

Deposit  and  stacking  of,  regulated 87  21 

HEADING. 

Power  to  regulate  inspection  and  measuring  of 16  21 

HEALTH. 

Powers  concerning  public 13-4  17  32 

HEALTH  OFFICERS. 

Duties  of 34  2 

HIGHWAYS.  See  Streets  and  Aj.leys, 

HOGS. 

Power  to  prohibit  running  at  large  of,  etc 16  30 

Running  at  large  of,  prohibited 104  1 

HOG  PENS. 

Penalty  for  offensive  or  annoying 139  2 

HOOK  AND  LADDER  COMPANIES*. 

Power  to  organize 33  1 

HOOPS. 

Power  to  prohibit  rolling  of 17  31 

Rolling  of,  prohibited 138  2 

HORNS. 

Power  to  prohibit  blowing  of 17  31 


842 


INDEX 


HOIiSES. 

Power  to  preventrunning  at  large 16  30 

Power  to  compel  fastening  of 16  28 

Running  at  large  of,  prohibited 104  1 

Penalty  for  leaving  in  streets  without  fastening 128  31 

HORSE  RACING. 

Power  to  prohibit,  in  streets,  etc 16  28 

Penalty  for,  in  streets 128  30 

HOSE  COMPANIES. 

Power  to  organize 33  1 

HOSPITALS. 

Power  to  establish  and  regulate 14  11 

HOUSE  OF  CORRECTION. 

Power  to  establish,  regulate,  etc 17  38 

Who  may  be  confined  in 17  38 

IDIOTS. 

Mayor  to  notify  persons  chargeable  with,  to  provide  for 173  14 

IMPRISONMENT. 

Power  to  impose 19  42 

Not  to  exceed  six  months 19  42 

How  imposed  for  non-payment  of  fines 43  17 

INDECENCY.  See  Obscenitv*. 

INFANT  OWNERS. 

"When  guardian  may  be  appointed  for 25  19 

INN  KEEPERS. 

Power  to  license,  regulate,  etc 15  13 

Who  considered 112  4 

License  to,  how  granted 112  4 

INSPECTORS. 

Of  lumber,  etc.,  power  to  appoint,  etc 16  21 

Of  beef,  pork,  etc.,  power  to  appoint 16  23 

INTEREST. 

On  city  debt,  power  to  levy  tax  to  pay 20  3 

Council  not  to  incur  debt  without  levying  tax*  to  pay 20  3 

Not  to  pay  illegal 13  1 

Of  city  debt  not  to  exceed  one  half  of  revenue 13  1 

JAIL. 

County,  offenders  may  be  confined  in 19-42  180  25 

JURORS. 

Citizens  of  city  not  incompetent  as 43  19 

Fees  of 179  20 


INDEX. 


343 


JUSTICES  OF  THE  PEACE. 

Power  to  confer  jurisdiction  on,  in  suits  for  penalties,  etc 42  IG 

When  may  be  appointed  police  magistrates 182  29 

KITES. 

Power  to  prevent  flying  of 17  31 

Flying  of,  prohibited 138  2 

LADDERS. 

Power  to  compel  house  holders  to  provide 38  9 

LAMPS. 

Power  to  erect,  and  regulate  lighting  of,  in  streets 14  8 

How  erected,  and  quality  of 94  2 

How  lighted,  repaired,  etc 95  2 

Compensation  for  lighting,  etc,,  and  liow  paid 95  2 

Council  may  order  erection  of 95  2 

How  to  be  located 95  2 

To  be  kept  in  good  order  and  repair 95  3 

When  to  be  kept  lighted 95  3 

Quality  of  light  to  be  supplied  xbr 95  4 

Insufficiency  of  light  in,  how  remedied 95  4 

Gas  committee  to  inspect 96  5 

To  be  numbered 96  5 

Mayor  and  gas  committee  to  require  proper  lighting  of 96  1 

Penalty  for  injuring,  etc.,  of  street 127  24 

Penalty  for  lighting  or  extinguishing  street 127  25 

LAMP  DISTRICT. 

Power  to  create,  alter,  or  extend 14  8 

Established 95  1 

Clerk  to  keep  account  with 97  3 

LAMP  POSTS. 

Penalty  for  injuring,  etc 127  24 

Penalty  for  climbing  upon,  or  fastening  animals  to,  etc 127  26 

LAMP  TAXES. 

Power  to  levy 20  5 

How  levied,  collected,  and  expended 96  2 

LANDS. 

For  what  purposes  assessments  may  be  made  against 26  4 

LARD. 

Power  to  inspection  and  vending  of 15  18 

Power  to  regulate  steaming  and  rendering  of 17  35 

Steaming  of,  regulated 213  1 

Penalty  for  steaming  tainted 214  4 

LEASES. 

Discharged  upon  lands  condemned  for  streets,  etc 24  14 

Discharged  rata  when  part  of  land  condemned 24  15 


844 


INDEX. 


LICENSES. 

Power  to  regulate  granting  and  registering  of 15  16 

Not  to  be  granted  exceeding  one  year 15  16 

Amount  to  be  charged  for,  and  foes  for  issuing 15  16 

Mayor  to  receive  application  fur 107  1 

Applications  for,  bow  made 10  7 2 

How  granted  and  issued 107  2 

Not  to  be  issued  ex  o year 107  3 

Mayor  and  clerk  to  sign 107  3 

Not  valid  until  issued 107  3 

How  to  be  dated 107  3 

Granted  subject  to  ordinances  of  city 107  4 

How  revoked  or  forfeited 108  4 

N a^signable  or  transferable 108  5 

Duties  of  clerk  concerning 108  6 

Fees  of  clerk  for  issuing  and  certifying 108  6 

Form  of 108  7 

Marshal  to  enforce  ordinances  concerning 109  8 


See  Auctioneeus,  Call  Alleys,  CiLLiAun  Tables,  Chokers,  Dhavmex, 
Hackmex,  Ixxkeepeus,  Ohdixahies,  Peddlers,  Traxsiext  Traders. 


LIEN. 

When  taxes  and  assessments  a lien  on  real  and  personal  estate 28-4  227  20 

Sewer  U.n  on  real  estate  in  district 26-3  196  7 

LIME. 

Power  to  provide  for  inspection,  weighing,  and  selling  of 16  22 

LIMITS. 

Of  city  defined 47  1 

Officers  may  prescribe  at  fires 84  14 

LIQUORS. 

Power  to  regulate  inspection  of 16  23 

Power  to  regulate,  prohibit,  etc.,  sale,  etc.,  of 15  17 

Power  to  prohibit  sale  of  to  minors,  etc  15  17 

Power  to  regulate  sale,  etc.,  of,  within  three  miles  of  city 45  2 

No  change  of  venue  in  prosecutions  for  selling,  etc 46  3 

What  sum  to  be  taxed  for  license  to  sell,  etc 15  16 

Sales  of,  by  retail  prohibited  without  license 117  1 

Licenses  for  sales  of  by  grocery  keepers,  how  granted 117  2 

Licenses  to  sell  by  pint  and  upwards,  how  granted 121  15 

Penalty  for  permitting  to  be  drank  on  premises 122  16 

Police  officers  to  enforce  ord. nances  concerning 122  19 

Penalty  for  furnishing,  to  prisoners 131  3 

See  Grocery  Keepers. 

livery  STABLES. 

Power  to  regulate  construction,  etc.,  of 17  35 


INDEX. 


845 


LOCAL  EXPENDITURES. 

How  made 41  8 

LOCOMOTIVES. 

Power  to  direct  or  prohibit  use,  and  regulate  speed  of 18  41 

Use  and  speed  of,  regulated 182  1 

LOTS. 

Power  to  resurvey  and  number 41  7 

Power  to  fill  up,  drain,  etc... 18  40 

When  and  for  what  purposes  assessments  may  be  made  against 26  4 

What  considered  nuisances  upon 141  1 

How  declared  nuisances 142  2 

Notice  to  abate  nuisances  upon,  how  given 142  4 

Nuisances  upon,  how  abated 143  6 

Officers  to  keep  account  of  abating  nuisances  upon 143  6 

LOTTERIES. 

Power  to  suppress,  etc 15  15 

Penalty  for  setting  up  or  selling  tickets  in 125  14 

LUMBER. 

Power  to  regulate  inspection  and  measuring  of 16  21 

LUMBER  YARDS. 

Regulated,  and  prohibited  in  fire  limits 89  29 

LUNATICS. 

Regulations  concerning 173  14 

MALICIOUS  MISCHIEF. 

Penalty  for 126  22 

MALICIOUS  PROSECUTIONS. 

Attorney  not  compelled  to  prosecute 179  21 

Costs  of,  may  be  taxed  against  prosecutor 179  21 

MANUFACTORIES. 

Power  to  regulate  dangerous 32  6 

MARKETS. 

Power  to  establish,  erect,  regulate,  etc 14  0 

Power  to  levy  tax  to  build,  etc 20  4 

MARSHAL. 

Powers  and  duties  of 10  13 

To  execute  process 10-13  302  5 

Fees  of,  for  executing  process 10  13 

Not  to  serve  civil  process  until  qualified  as  constable 10  13 

To  be  chief  of  police  department 175  6 

To  have  office,  or  station 175  6 

May  establish  police  rules  and  regulations 177  13 

44 


346 


INDEX. 


MARSHAL.  Continued. 

To  keep  records,  books,  accounts,  etc 177 

Salary  of 165 

Commissions  of,  in  lieu  of  costs 181 

May  be  authorized  to  remoA^e  watchmen  or  policemen....- 4 

Duties  concerning  taking  up,  impounding,  and  selling  of  animals 104 

Duties  of,  concerning  awnings 58 

To  give  notice  of  meetings  of  board  of  health 99 

To  give  notice  of  meetings  of  city  council 52 

To  attend  meetings,  and  execute  orders,  etc.,  of  council 52 

To  notify  removal  and  remove  dilapidated  buildings 144 

Duties  of,  concerning  dogs 68 

To  designate  stands  for  drays,  omnibuses,  etc 116 

To  deliver  notices  of  appointment  to  judges  of  elections 71 

To  deliver  notices  of  election  to  officers  elected 78 

To  keep  order  at  elections 78 

To  execute  warrants  for  witnesses  in  contested  elections 80 

To  stop  persons  guilty  of  fast  driving 128 

Ex-officio  fire  warden 89 

Duties  of,  at  fires 82 

To  arrest  oflFenders  at  fires 84 

May  appoint  property  guards  at  fires 84 

To  tear  down  or  remove  buildings  in  fire  limits,  contrary  to  ordinance...  92 

To  seize  gaming  and  counterfeiting  implements 92 

To  seize  gunpoAvder  kept  contrary  to  ordinance 98 

To  confine  lunatics,  and  notify  persons  chargeable 173 

To  enforce  license  ordinances,  and  collect  license  moneys 109 

To  enforce  ordinances  concerning  liquors,  and  arrest  drunkards 122 

To  close  groceries,  open  contrary  to  ordinance 121 

To  abate  nuisances  102 

To  report  names  of  ofi'enders  committed 180 

To  execute  warrants  for  witnesses  in  trials  of  officers 153 

To  seize  and  destroy  unsound  provisions 130 

To  enforce  ordinances  relative  to  slaughter  houses,  etc 214 

To  cause  removal  of  obstructions  in  streets 133 

To  remove  trees  planted  contrary  to  ordinance 251 

MAYOR. 

May  be  authorized  to  appoint  and  remove  watchmen  and  policemen 4 

Oath  of  office  of 8 

To  presh’e  over  city  council 8-2  12 

May  call  meetings  of  city  council 13 

To  haA^e  casting  vote,  only 12 

To  enforce  laws  and  ordinances 8 

To  require  officers  to  discharge  duties 8 

To  give  information  and  recommend  measures  to  council 8 

May  call  e>\xt  posse  comitatus,  or  militia,  to  enforce  laws  or  ordinances,  or 

suppress  riots 8 

May  require  exhibit  of  books  and  papers  of  officers 8 


13 

1 

28 

2 

2 

1 

2 

34 

34 

3 

2 

10 

2 

20 

21 

30 

30 

30 

5 

13 

14 

38 

1 

8 

15 

8 

19 

18 

11 

26 

11 

37 

5 

6 

1 

2 

2 

1 

3 

1 

2 

2 

2 

3 

4 


INDEX. 


84T 


MAYOR.  Continued.  , 

Power  to  execute  all  acts  required  by  charter  or  ordinances 8 4 

Liable  to  indictment  and  removal  for  malconduct,  etc 8 6 

Power  to  veto  acts  of  council 9 7 

How  majority  of  council  may  overrule  veto  of 9 7 

May  administer  oaths,  take  depositions,  acknowledgement  of  deeds,  etc..  9 7 

Ex-officio  conservator  of  the  peace,  and  fire  warden 9-9  89  30 

Exempt  from  jury  dutj',  and  street  labor 9 9 

When  may  remit  tines  or  penalties 41  10 

Acting. — When  and  how  appointed,  and  powers  and  duties  of 9 8 

When  may  exercise  powers  and  duties  of  majmr 166  7 

Pro  tern.  To  be  appointed  when  office  of  mayor  contested 79  29 

May  order  removal  or  alteration  of  awnings 58  1 

To  give  bond  for  city,  in  cases  of  appeals,  or  writs  of  error 156  2 

To  preside  over,  and  execute  orders  of  board  of  health 34-1  99  1 

Maj' call  meetings  of  board  of  health 99  2 

To  abate  or  remove  dangerous  buildings,  or  erections 145  7 

To  notify  removal  of  dilapidated  buildings 144  3 

To  call  meeting  of  council  to  canvass  election  returns 77  18 

To  issue  warrants  for  witnesses  in  contested  elections 79  30 

To  cause  fire  apparatus  to  be  repaired 81  2 

To  have  supervision  over  fire  department 81  3 

May  arrest  offenders  attires 84  13 

To  order  removal  of  buildings  contrary  to  ordinance  in  fire  limits 92  38 

To  cause  seizure  of  gaming  and  counterfeiting  implements  92  1 

To  keep  “old  city  grave  yard”  in  repair 60  3 

To  order  seizure  of  gunpowder  kept  contrary  to  ordinance.' 98  8 

To  notify  persons  chargeable,  to  provide  for  idiots,  or  lunatics 173  14 

To  require  proper  lighiing  of  street  lamps 96  1 

To  receive  applications  for,  and  grant  licenses 107  1 

To  give  notice  to  abate  nuisances  upon  lots,  etc 142  4 

May  arrest  offenders 175  7 

When  officers  abs  mt,  may  assign  duties  to  other  officers 151  6 

May  grant  leave  of  absence  to  officers 151  7 

To  prefer  charges  against  delinquent  officeis 152  9 

To  issue  warrants  for  witnesses  in  trials  of  officers 153  11 

To  notify  delinquent  (.fficers  and  sureties  to  settle  accounts 249  8 

To  have  general  supervision  over  police  department 174  5 

To  require  police  officers  to  discharge  duties 174  5 

May  require  special  police  duties  of  officers 176  12 

To  seize  and  destroy  unsound  provisions 130  87 

S.VLAUV  OF 9-6  154  1 

When  may  borrow  money  and  issue  bonds  for  sewers 196-2  200  17 

To  cause  removal  of  obstructions  in  streets 133  6 

How  may  borrow  money  and  issue  bonds  for  planking  streets 217  3 

To  cau.se  proper  trimmings,  etc.  of  trees 251  2 

To  give  notice  of  letting  of  public  works 255  2 

To  approve  bonds  and  contracts  for  jiublic  works 256  5 

How  to  award  contracts  for  public  works 255  2 


348 


INDEX. 


MEAL. 

Power  to  regulate  inspection  of 16  23 

MEASURES. 

Power  to  establish,  regulate,  and  require  sealing  of 15  20 

Penalty  for  using  false 130  38 

MEASURERS. 

Of  lumber,  etc.,  power  to  appoint 16  21 

MEATS. 

Power  to  regulate  inspection  and  vending  of  fresh 15  18 

MECHANICAL  WORK. 

Power  to  regulate  inspection  and  measuring  of. 16  21 

MENAGERIES. 

Tax  for  license  for 112  3 

MENDICANTS. 

Power  to  restrain  and  punish 16  29 

MERCHANTS. 

Power  to  license,  tax,  and  regulate 15  13 

MERCHANDISE. 

Obstructing  of  streets,  alleys,  and  sidewalks  with,  regulated 135  13 

Placing  of,  upon  sidewalks  regulated .’ 136  18 

MINORS. 

When  guardian  may  be  appointed  for 25  19 

Not  to  loiter  about  billiard  rooms  or  ball  alleys 110  3 

Not  to  be  licensed  as  draymen 114  4 

Not  to  be  licensed  as  hackmen 252  2 

Not  to  be  employed  in  or  loiter  about  groceries 119  9 

How  may  redeem  from  tax  sales 235  40 

MUNICIPAL  GOVERNMENT. 

How  constituted 4 1 

NEGROES. 

To  be  refunded  portion  of  school  taxes  collected 193  18 

NOISES. 

Power  to  suppress,  etc 16  27 

NON-RESIDENTS. 

Notice  of  opening  streets,  how  given  to 21  3 

Notice  of  assessments  of  damages  in  opening  streets,  etc.,  how  given  to...  22  5 

Notice  to  abate  nuisances  upon  lots,  how  given  to 142  4 

Notice  to  remove  dilapidated  buildings,  how  given  to 144  3 

Notice  to  lay  sidewalks,  how  given  to 204  7 

Not  to  be  licensed  as  draymen,  etc 114  4 

Not  to  be  licensed  as  hackmen 252  2 


INDEX. 


849 


NOTICE. 

Of  intention  of  council  to  open  streets,  etc.,  how  given 21  2 

Of  meeting  of  commissioners  for  assessing  damages  in  opening  streets 

how  given 21  3 

Of  assessment  of  damages  for  opening  streets,  how  given 22  5 

Of  return  of  assessment  for  opening  streets,  etc.,  how  given 23  11 

Of  appeals  from  assessments  for  opening  streets,  how  giuen 24  16 

To  remove  awnings,  how  given 58  1 

Of  elections,  how  given 6-1  71  1 

Of  appointment  to  judges  of  elections,  how  given 71  2 

Of  election  to  office,  how  given 7-2  78  20 

Of  intention  to  contest  election,  how  given 79  28 

To  remove  or  remedy  dangerous  stoves,  etc.,  how  given 89  30 

To  remove  wooden  buildings  in  fire  limits,  how  given 92  38 

To  remove  dilapidated  buildings,  how  given 144  3 

To  remove  dangerous  buildings  or  erections,  how  given 145  7 

To  gas  company  to  remedy  defects  in  street  lamps,  how  given 95-4  96  1 

Of  gunpowder  in  burning  building,  how  given 98  7 

Of  small  pox,  how  given 101  7 

To  abate  nuisances,  how  given 140  7 

To  abate  nuisances  upon  lots,  etc.,  how  given 142  4 

Of  nuisance  warrants,  how  given 147  3 

Of  sales  for  nuisance  assessments,  how  given 148  7 

Of  trials  of  delinquent  officers,  how  given 152  9 

To  provide  for  idiots  and  lunatics,  how  given 173  14 

To  lay  sidewalks,  how  given 202  5,  6 

To  re-lay  and  repair  sidewalks,  how  given 211  21 

Of  sidewalk  warrants,  how  given 209  15 

Of  sales  for  sidewalk  assessments,  how  given 211  19 

To  perform  street  labor  or  pay  street  ta.xes,  how  given 40-3  240  2 

Of  hearing  objections  to  tax  lists,  how  given 27-2  223  12 

Of  warrants  for  taxes,  how  given 29-6  227  22 

Of  tax  sales,  form  of  and  how  given 29-9  231  32 

By  purchasers  at  tax  sales,  how  given 236  41 

Of  letting  of  public  works,  how  given  and  what  to  contain 255  2,  3 

NUISANCES. 

Power  to  define  and  abate 13-4  17  32 

Power  to  assess,  or  recover  costs  of  removing,  by  suit 27  5 

Courts  to  have  jurisdiction  to  abate 42  10 

Power  to  declare  dilapidated  and  wooden  buildings  in  fire  limits 32  1 

Dangerous  awnings  declared 59  4 

Bitches  running  at  large,  in  heat,  declared 69  5 

Brick-yards  and  brick-kilns  in  city,  declared 59  1 

Burying-grounds  established  within  city  declared 60  1 

Dilapidated  wooden  buildings  in  fire  limits,  declared 143  1 

Dangerous  buildings  or  erections  declared 144  6 

Buildings  erected  contrary  to  ordinance  in  fire  limits  declared 92  38 


350 


ISDEX. 


NUISAXCE3.  Continued. 

Dangerous  scaffolds  declared 145  8 

When  lots  and  lands  may  be  declared 141  1 

Premises  offensive,  or  detrimental  to  health  declared 139  1 

Hog  pens,  offensive  or  annoying,  declared 139  2 

Offensive  liquids,  substances,  etc.,  declared 139  3 

Dead  animals  declared 140  5 

How  abated,  officers  to  abate 102-11  140  7 

Meu.bers  of  board  of  health  may  abate 100  5 

Board  of  health  to  abate 102  11 

Officers  may  enter  premises  to  abate 102  11 

Assessmkxts  for  Abating. — How  made 146  1 

How  collected 147  2,4 

Sales  of  lots  for,  how  made 147  5,8 

Notice  of  sales  for,  how  given 148  7 

Subsequent  proceedings,  same  as  in  delinquent  tax  sales 148  8 

OAKRIDGE  CEMETERY. 

Established 61  1 

Surveyor  to  lay  off  and  plat  grounds  of 61  2 

Plat  of  to  be  recorded 61  2 

Portion  of  grounds  to  be  allotted  to  burial  of  poor,  strangers,  etc 61  3 

Lots  in,  to  be  appraised,  not  to  be  sold  for  less  than  appraisal 61  3 

Proceeds  of  sales  of  lots  to  be  expended  in  improving  grounds..... 61  3 

Clerk  to  keep  i lat  and  record  of,  record,  how  kept 62  5 

Sales  of,  and  deeds  for  lots  in,  how  made 62  6 

Clerk  and  treasurer  to  keep  accounts  concerning 63  7 

Interments  in,  how  made 64  10 

Fees  for  interring  in,  and  how  paid 65  12 

Penalty  for  trespassing  upon,  or  injuring  graves,  tombstones,  etc 66  16 

OATHS. 

Clerk  may  administer 10  10 

Mayor  may  administer 9 7 

Of  judges  and  clerks  of  elections 72  5 

Of  challenged  voters  at  elections 7-3  75  12 

Of  office  required  of  city  officers 8 1 

Of  office,  of  mayor 8 2 

Of  chainmen 158  3 

Of  purchasers  at  tax  sales,  before  receiving  deed 237  41 

Word  oath”  deemed  to  include  ‘‘affirmation” 166  6 

OBSCENITY. 

Obscene  and  profane  language,  penalty  for 120-13  124  3 

Indecent  exposure,  conduct,  dress,  etc.,  penalty  for 124  10 

Selling  or  exhibiting  obscene  books,  pictures,  statutes,  etc.,  penalty  for. ..125  11 

Indecent  or  lewd  plays,  exhibitions,  etc.,  penalty  for 125  11 

Writing  or  marking  obscene  words,  figures,  etc.,  penalty  for 125  12 

Indecent  exhibitions  of  animals,  etc.,  penalty  for 125  13 


INDEX. 


851 


OBSTRUCTIONS. 

Of  officers  or  assistants,  in  taking  up,  etc.,  of  animals,  penalty  for 106  7 

Of  officei'S  or  assistants  in  killing  dogs,  penalty  for 70  9 

Of  officers  or  others,  in  discharge  of  duty  at  fires,  penalty  for 84  12 

Of  officers  in  seizing  gaming  or  counterfeiting  implements,  penalty  for...  93  2 

Of  officers  or  others,  in  legal  discharge  of  duty,  penalty  for 131  2 

Of  streets,  penalty  for 133  7 

OFFAL. 

Power  to  regulate  steaming  or  rendering  of 17  25 

Steaming,  rendering,  etc.,  of,  regulated 214  3 

OFFENDERS. 

To  stand  committed  until  payment  of  fines 19  42 

Failing  to  pay  fines  may  be  imprisoned... 19  42 

May  be  required  to  labor  on  streets  or  public  works 19-42  179  22 

Who  may  arrest 44-27  175  7 

Officers  to  arrest,  at  fires 84  13 

Arrested,  maybe  detained  over  night,  or  Sunday 44-27  175  7 

Arrested  or  committed,  to  be  confined  in  county  jail 19-42  181  27 

Ma}''  be  delivered  to  supervisor,  to  labor  on  streets,  etc 179  22 

Supervisor  to  compel,  to  labor  on  streets  or  public  works 179  22 

Refusing  to  labor,  or  resisting  to  be  recommitted  to  jail 180  23 

Escaping,  to  forfeit  labor  performed 180  23 

Paying,  or  working  out  fine,  to  be  discharged 180  24 

Officers  having  charge  of,  to  furnish  board  and  lodging  to 180  25 

Allowance  for  board,  etc.,  of,  and  how  paid 180  25 

May  be  committed  to,  and  taken  from,  county  jail 180  25 

Cjmmitted.  officers  to  report  names,  etc.,  of,  to  council 180  26 

Escaping,  officers  having  custody  of,  to  notify  mayor  and  marshal 180  26 

Penalty  for  abetting  rescue  or  escape  of 131  3 


Penalty  for  furnishing  weapons,  or  implements  of  escape,  or  liquors  to 131  3 


OFFICERS. 

Of  city,  enumeration  of 4 1 

Council  may  cre.ate  additional,  and  prescribe  duties 4 1 

Power  to  prescribe  duties  of 11  17 

Terms  of  office  of,  and  how  appointed 4 2 

Time  of  appointment  of 47  2 

Filling  vacancies,  terms  of  office  of 4 2 

Failure  to  elect,  new  election  to  be  ordered 5 4 

Failure  to  appoint,  council  may  adjourn 5 4 

What  qualifications  necessary  for 6 7 

Defaulters  incompetent  as,  who  considered  defaulters 6 7 

Becoming  defaulters  in  office,  office  vacated 6 7 

Failing  to  qualify  in  twenty  day.s  after  notice,  office  vacated 7 2 

Removing  from  city,  or  absent  three  months,  office  vacated 151  7 

Oath  of  office  of 8 1 

Council  may  require  official  bonds  of 12-17  149  1 


352 


INDEX. 


OFFICERS.  Continued. 

Condition  of  bonds  of 12-17  149  1 

Not  to  be  sureties  on  official  bonds 149  1 

New  bonds  may  be  required  of 149  1 

New  bonds  of,  not  to  release  sureties  on  old  bond 149  ] 

Official  bond  of,  bow  drawn,  approved,  filed,  etc 149  1 

lYben  qualified  to  be  commissioned 12-19  149  2 

Records,  books  and  papers  of,  subject  to  public  inspection 151  5 

To  deliver  records,  etc.,  to  successors 12  18 

Refusing  to  deliver  records,  how  recovered 12  38 

AVben  absent,  or  incompetent,  mayor  may  assign  duties  to  other  officers.. 151  6 

Mayor  or  council  may  grant  leave  of  absence  to 151  7 

Duties  and  liabilities  of. — To  pay  moneys  into  treasury 150  3 

To  report  monthly  concerning  moneys  collected 150  3 

To  make  annual  reports  when  required 250  13 

Not  to  retain  moneys  of  city  toward  payment  of  salary,  or  fees 150  3 

To  give  information  pertaining  to  office ]51  5 

Not  to  charge  fees  against  city 155  3 

To  keep  account  of  fees  received,  and  report  concerning 155  3 

Liable  for  negligence,  misconduct,  etc 151  8 

Salaries  of,  may  be  withheld  to  secure  city  from  loss 151  8 

Failing  to  perform  duties,  council  may  employ  same  done 151  8 

Costs  of  performing  duties  cf,  to  be  deducted  from  salary,  or  recovered 

by  suit 151  8 

Certifying  contracts,  etc.,  falsely,  to  be  liable  for  loss 257  7 

May  be  compelled  to  pay  over  moneys 182  29 

Delinquent,  how  proceeded  against 248  8 

Penalty  for  refusing  to  deliver  records  to  successor 12  18 

Penalty  for  disposing  of  surplus  earth  in  streets  by 131-5  257  8 

Penalty  for  leaving  city  without  leave  of  absence 151  7 

Not  to  be  interested  in  city  contracts,  coming  under  supervision 257  9 

Removal  of  — may  be  removed  for  neglect  of  duty,  or  misconduct 131  5 

Neglecting  to  keep  books  or  papers  properly,  maybe  removed  for  incom- 
petency  249  10 

How  may  be  removed 5 6 

Charges  against  delinquent,  how  preferred  and  determined 152  9 

Clerk  to  deliver  copy  of  charges  to  accused 5-5  152  9 

Accused,  to  be  heard  in  defenso 5-5  152  10 

Attorney  to  prosecute  delinquent 152  10 

Exe.ptions  to  form  of  charges  not  allowed 152  10 

Witnesses,  how  summoned  in  trials  of 5-5  153  11 

To  be  suspended  when  charges  preferred 5-5  153  12 

Council  may  fill  vacancy  of,  suspended 153  12 

Failing  to  answer  charges,  office  vacated 5 5 153  12 

Removed,  not  to  receive  salai'y  after  charges  preferred 153  12 

Elective,  may  be  removed  for  good  cause 5 5 

Appointed,  ma}'  be  removed  by  vote  of  two-birds 5-5  153  15 

Offenses  Against. — Penalty  for  falsely  representing,  or  exercising  powers 

of 130  1 


INDEX. 


853 


OEEICERS.  Continued. 

Penalty  for  obstracting,  etc 131 

Penalty  for  refusing  to  obey  lawful  command  of 131 

Penalty  for  refusing  to  aid,  when  required 131 

OMNIBUSES. 

Power  to  regulate,  etc.,  drivers  of 

Regulations  concerning  drivers  of 

Marshal  to  designate  stands  for,  at  railroad  depots 

ORDER  OF  BUSINESS. 


Of  city  council 49 

ORDINANCES. 

Power  to  pass,  enforce,  and  punish  violations  of 18 

Style  of 44 

Penal,  how  published  before  taking  effect 42-13  167 

Proof  of  publication  of,  how  made 42-13  167 

When  may  be  used  in  evidence  without  proof 44 

Digest  of,  when  required 44 

To  be  enrolled  and  indexed  by  clerk 167 

Clerk  to  attend  to  proper  printing  of 168 

Clerk  to  file  and  preserve  originals  of 168 

Clerk  may  correct  clerical  errors  in 168 

AVhen  to  be  in  force 168 

Repealed,  when  to  continue  in  force  until  publication  of  repealing  ordi- 
nance  165 

Conflicting  provisions  of,  how  construed 165 

Repealed,  not  to  be  revived  by  repeal  of  repealing  ordinance 166 

Words  importing  singular  or  plural  number,  or  masculine  or  feminine 

gender,  how  construed 166 

Words  importing  persons,  to  include  corporations 166 

IIow  to  be  construed 167 

Attorney  to  draft,  or  approve  form  of 155 

ORDINARIES. 

Power  to  license,  tax,  suppress,  etc 15 

What  considered,  and  licenses  for,  how  granted 112 

PACKING  HOUSES. 

Power  to  regulate,  etc 17 

Regulations  concerning 213 

PARTITION  WALLS  AND  FENCES. 

Power  to  regulate,  prescribe  manner,  and  order  building  of 33 


15 

115 

116 


PAUPERS. 

Provisions  concerning 40 

Penalty  for  bringing  into  city 172 

45 


2 

2 

4 


14 

7 

11 


42 

24 

12 

12 

23 

29 

12 

13 

13 

13 

14 

1 

2 

4 

6 

5 
8 

1 


13 

5 


35 

I 


8 


4 

11 


354 


INDEX 


PAWN  BROKERS. 


PEDDLERS. 


PENALTIES. 


ceed. 


PHYSICIANS. 


PIN  ALLEYS.  See  Ball  Alleys. 
PITCH. 

Boiling  of,  regulated 

PLAT  OF  CITY. 

Powei  to  re-survey,  re-number,  etc. 

POISONS. 

Keeping,  sale  and  delivery  of,  rcgul 
POLICE. 

Power  to  create,  establish  and  rcguli 
POLICE  CONSTABLES. 


13 

13 

..113 

1 

.113 

2 

3 

.114 

4 

42 

: 177 

14 

..  19 

42 

,.  43 

17 

10 

,.167 

9 

10 

.167 

10 

. 17 

36 

102 

12 

CO 

23 

..  41 

7 

.129 

34 

. 16 

26 

.174 

2 

.174 

4 

.175 

6 

.175 

6 

.175 

6 

.166 

7 

302 

5 

176 

9 

.181 

23 

174 

4 

.175 

7 

.104 

2 

INDEX. 


S55 


POLICE  CONSTABLES.  Continued. 

To  remove  d.ingerous  !i\vning5! 59  4 

Duties  of.  in  Icilliiig,  etc.,  of  dogs 09  4 

Ex  officio  lire-waritens,  dutie.«  of,  sis  such 89  30 

Duties  ()f,  at  fires 82  5 

To  arrest  offenders  at  fires 84  13 

To  seize  gaming  and  counterfeiting  implements 92  1 

To  take  up  and  confine  lunatics 173  15 

To  close  groceries  kept  open  contrary  to  ordinance 121  18 

To  enforce  liquor  ordinances,  and  arrest  drunkards 122  19 

To  stop  and  arrest  persons  guilty  of  fast  driving 128  30 

To  abate  nuisances,  may  enter  premises  to  abate 102  11 

To  seize  and  destroy  unsound  provisions 130  37 

To  remove  trees  planted  contrary  to  ordinance 251  1 


POLICE  DEPARTMENT. 

How  constituted 

Mayor  to  exercise  general  supervision  over 
Members  of,  to  enforce  ordinances 

POLICEMEN. 

Power  to  appoint,  remove,  prescribe  duties 
Temporary,  how  appointed,  unci  powers  au( 

POLICE  MAGISTRATES. 


How  elected  and  qualified 301  2,  3 

Jurisdiction,  fees  and  rules  of  practice  of 301  3,  4 

Process  for  recovery  of  fines,  etc.,  how  issued  by 42  15 

To  whom  may  direct  process 10-13  46-5  302  5 

Suits  for  penalties,  etc.,  to  be  brought  before 177  14 

Suits  for  penalties,  how  brought  bef<  re 42-14  177  15 

"When  to  issue  warrants  for  arrest  of  offenders 42  15  178  16 

Process  unnecessary  when  offender  leg  illy  arrested  without 178  17 

O.licers  arresting  without  process  to  return  cause,  etc.,  of  arrest 178  17 

To  enter  cause,  etc.,  of  arrest  on  docket 178  17 

B.iil  or  recognizance,  how  entered  into  before 178  18 

How  may  issue  executions  for  penalties 43  17 

To  order  seizure  and  destruction  of  gaming  and  counterfeiting  imple- 
ments  92  1 

To  issue  warrants  for  searching  for  gaming  and  counterfeiting  imple- 
ments  93  2 

May  arrest  offenders 175  7 

Couimissions  of,  in  lieu  of  costs 181  28 

To  pay  fines  collected  into  the  treast  ry  181  29 

To  report  to  council  quarterly,  what  report  to  contain 181  29 

Council  may  designate  justices  of  the  peace  as 42-16  182  29 

Refusing  to  hold  police  coui  t,  council  may  designate  others 182  29 

May  be  compelled  to  pay  over  fines  or  moneys  collected 182  29 


174 

• 174 

175 

of,  etc 4-2  16 

d duties,  etc.,  of 176 


26 

11 


856 


INDEX. 


POLICE  OFFICERS. 

To  aid  each  other  in  discharge  of  duties 175  6 

To  enforce  ordinances  of  city  and  prosecute  offenders 175  7 

To  arrest  offenders  with  or  without  process 175  7 

When  may  arrest  without  process 44  27 

^lay  commit  to  jail  or  detain  overnight  of  Sunday 44-27  175  7 

When  may  enter  dwellings  to  make  arrests 176  8 

May  arrest  suspected  criminals 176  8 

Mayor  may  require  special  police  duties  of 176  12 

Making  arrests  to  attend  as  witnesses  and  procure  evidence 179  19 

To  pay  fines  collected  into  treasury 181  29 

PORTERS. 

Power  to  license,  tax,  fix  charges  of,  etc.,  of 15  14 

PORK. 

Power  to  regulate  inspection  of 16  23 


POSSE  COMITATUS. 

Mayor  may  call  out  to  enforce  laws  and  ordinances 

May  be  called  on  to-aid  at  fires 

May  be  called  on  to  aid  in  arrest  or  custody  of  offenders 


POULTRY. 

Power  to  regulate  inspection  and  vending  of 15  18 

PREMISES. 

Power  to  compel  cleansing  of 17  34 

Penalty  for  nauseous,  foul,  ofiensive,  etc  139  1 

PRIVIES. 

Power  to  regulate  construction,  and  compel  cleansing  of 17-34  18  40 

Drainage  of,  into  sewers  prohibited 199  11 

PRIVATE  PROPERTY. 

Peniilty  for  injuring,  defacing,  etc 126  22 

PROCESS. 

For  recovery  of  penalties,  etc.,  how  issued 42  15 

When  unnecessary 44-27  178  17 

Who  may  execute 10-13  46-5  302  5 

For  sales  for  taxes  and  assessments,  what  to  constitute 29  8 

PROPERTY  GUARDS. 

How  appointed,  and  duties  and  powers  of 84  14 

PROPOSALS.  See  Public  Wouks. 

PROSTITUTES. 

Power  to  restrain  and  punish 16  29 

Penalty  for  being 125  16 


8 3 

83  11 

131  4 


INDEX. 


857 


PROVISIONS. 

Power  to  regulate  inspection  and  vending  of 15-18  16 

Penalty  for  selling  unwholesome  or  diseased 130 

PUBLIC  BUILDINGS. 

Power  to  erect,  regulate,  and  place  in  streets 14 

Penalty  for  injuring 43 

PUBLIC  GROUNDS  AND  SQUARES. 

Power  to  levy  tax  for  purchasing 20 

Power  to  lay  out  and  assess  costs  of 21 

Manner  of  laying  out,  opening,  etc 21 

Power  to  improve,  protect,  and  ornament 25 

PUBLIC  IMPROVEMENTS. 

Power  to  levy  tax  for  making 20 

PUBLIC  PROPERTY. 

Control  of  vested  in  city  council 13 

Penalty  for  injuring,  defacing,  etc 43-18  126 

PUBLIC  WORKS. 

Engineer  to  make  plans,  etc.,  and  superintend  construction  of 157 

Officers  having  charge  of  to  report  progress  and  cost 218 

Contracts  for,  how  let 255 

Clause  to  be  inserted  in  contracts  for 257 

Bids  for,  ho^w  made,  awarded,  etc 265 

Bonds  for  contracts,  how  executed,  etc 255 

Payments  of  contracts  for,  how  made 256 

Advances  upon  contracts  for,  v/hen  and  how  made 256 

Surplus  earth  to  be  reserved  in  contracts  for  street  work 257 

Officers  not  to  be  interested  in  contracts  for,  coming  under  supervision. ..257 

Engineer  and  supervisor  when  required  to  supervise 256 

Officer  to  suspend  work  when  not  done  properly 256 

Officers  certifying  contracts  for,  falsely,  liable  for  loss 257 

QUARANTINE  REGULATIONS. 

Power  to  establish 13 

QUORUM. 

Of  city  council 12 

Of  board  c f health 99 

Of  school  inspectors 188 

RAIL  ROADS. 

Powers  concerning IS 

Spaed  of  trains  upon,  in  city  regulated 182 

Obstructing  of  streets  with  cars,  etc.,  upon,  prohibited 182 

Use  of  trains  upon,  in  city  regulated 183 


23 

37 


9 

18 


4 

1 

2 

3 


4 


4 

22 


1 
6 
2 
10 
o A 

i,,  ‘i 

o,  5 
6 
6 
8 
9 
7 
7 
7 


3 


1 

2 

4 


41 

1 

2 


9 

<> 


358 


rNDEX 


RAILROAD  COMPANIES. 

Power  to  subscribe  to  capital  stock  of 312  1 

Alton  and  Sangamon  Hah  ijoad  Companv. — Grant  of  ri^lit  of  wav  to,  in 

Thinl  street 183  1 

Conditions  of  grant  to 184  1 

To  construct  culverts,  etc.,  under  direction  of  council 1S4  1 

Spiungfield,  Keokuk  and  Waiisaw  Raii.iu)ad  Company. — Election  lo  be 

held  for  or  against  subscription  to  stock  of 185  1 

Subscription  to,  when  and  how  to  be  made 185  1 

Notice  of  election,  how  given 1S6  2 

Votes,  how  cast 186  3 

Election  how  conducted 186  4 

REAL  ESTATE. 

Of  city,  exempt  from  county  taxes 46  6 

Of  city,  exemption  of,  from  county  taxes  repealed 46  1 

REASONABLE  TIME  OR  REASONABLE  NOTICE. 

Meaning  of,  defined 166  11 

RECEIPTS. 

For  .“treet  labor,  supervisor  to  give 240  3 

For  street  taxes,  collector  to  give 242  8 

For  taxes,  collector  to  give 228  25 

Treasurer  to  give  duplicate,  for  moneys 248  6 

Duplicate  of,  to  be  filed  with  clerk .248  6 

Not  valid,  unless  duplicate  filed  with  clerk ! 248  6 

RE:0NSIDE!IATI  )N. 

Of  vote  0.' 0 juacil,  how  taken  at  special  meetings ,42  11 

RECORDS. 

Of  clerk’s  office,  copies  of  evidence 9 10 

Subject  to  public  inspection 151  5 

Officers  to  deliver  to  successoi  s 12  18 

Engineer  to  preserve 157  2 

Of  cemetery,  how  kept 62-5  64  9 

Sexton  to  deliver  to  successor 65  15 

Possession  of,  how  recovered 12  18 

RECOVERY. 

Of  penalty,  under  one  provision,  to  bar  further  suits .....167  10 

RECOGNIZANCE.  See  Bail. 

REDEMPTION. 

From  tax  sales,  how  made 30-11  235  39,  40 

Fees  of  clerk  for 235  39 

Person  making,  to  pay  printers  fee,  and  costs  of  affidavit 237  41 


INDEX. 


859 


REGRATi:\G. 

Power  to  prevent  and  punish 15 

KELIGTOUS  ASSEMBLY. 

Penalty  for  disturbing 124 

REPORTS. 

Officers  to  make,  to  council  monthly 150 

Supervisor  to  make,  monthly 160 

Of  supervisor,  of  delinciueiu  side-walks,  how  made 205 

Of  school  agent  to  be  made  quarterly 194 

Of  school  inspectors,  how  made 189 

Treasurer  to  make,  monthly 248 

Weigher  to  make  monthly 164 

Annual,  of  officers,  how  made,  and  what  to  contain S9-1  250 

REVISED  ORDINANCES. 

How  to  be  published,  etc 55 

RIOTS. 

Power  to  suppress IS 

ROADS. 

County  court  may  make  appropriations  towards,  in  city 47 

ROAD  LABOR. 

Inhabitants  of  city  exempt  from,  without  city £9 

ROOFS. 

Construction  of,  in  fire  limits,  regulated 90 

ROSIN. 

Boiling,  etc.,  of,  regulated.,.. 87 

RULES  OF  PROCEEDINGS. 

Power  to  establish 13 

Of  city  council 49 

Board  of  health  may  establish 99 

Board  of  school  inspectors  may  establish. 1S8 

RUNNERS. 

Power  to  regulate,  restrain,  etc 15 

SALARIES. 

Of  aldermen 48-3  1G4 

Of  officers,  power  of  council  to  fix 12 

Of  mayor,  clerk,  attorney,  weigher,  assessor  and  collector,  and  police  con- 
stables  154 

' Of  marshal,  supervisor,  and  engineer 165 

May  be  increased  or  diminished.. .....154 


13 


6 


S 

5 

9,11 

3 

8 

5 

8 

12 


1 

27 

2 

2 

33 


23 


3 

2 

4 


14 


1 

17 

1 

1 

2 


360 


INDEX 


SALAHIES.  Continued. 

Ordinance  clianging,  not  to  be  retroactive 154 

How  payable 150 

Of  teachers,  in  public  schools,  how  fixed  and  paid 188-5  lt‘1 

SCAFEOLDS. 

Construction,  etc.,  of,  regulated 145 

SCHOOLS. 

Powers  in  relation  to 37 

Council  to  publish  annual  statement  concerning 38 

To  be  established  in  public  school  buildings 187 

To  be  kept  five  days  in  each  week 192 

Pupils  not  residents  of  city,  how  admitted  into 192 

School  Agent. — Appointment,  qualiScatiun  and  duties  of 37-8  193 

To  give  bond 37-9  193 

To  have  custody  of  school  fund 37-8  193 

Salary  of,  not  to  be  paid  from  school  fund 37 

Penalty  for  misconduct  in  office 37 

Duties  of,  concerning  school  fund 193 

School  Districts. — “Springfield  School  District”  established 35 

Abstract  of  children  in,  to  be  furnished  to  school  commissioner 36 

Power  to  lay  ofland  establish  smaller 37 

IIow  persons  residing  without  citj’  may  be  annexed  to 39-20  192 

School  Fund. — Of  township,  bow  divided  between  city  and  township 35 

Of  state,  proportion  to  be  paid  to  city 36 

Clerk  to  receive  city’s  portion  of,  from  school  commissioner 36-4  191 

Control  of,  vested  in  council 36 

School  agent  to  have  custody  of 37-8  193 

Principal  of,  not  to  be  impaired 37 

• Interest  of,  how  to  be  applied 37 

How  to  be  loaned 38-10  193 

When  loan  of,  insecure,  how  agent  to  proceed 38-17  193 

Couneil  may  reduce  interest  on 38 

Debts  due  to,  preferred 38 

Securities  for,  how  taken,  and  suits,  how  brought 38 

Borrower  of,  to  pay  costs  of  recording,  securities,  etc 38 

Fifteen  jjer  cent  interest  to  be  charged  upon  default 38 

Suit  may  be  brought  for  interest  on 38 

Rate  of  interest  on  judgments  for 38 

City  may  bid  at  sales  on  execution  for 38 

Ten  per  cent  to  be  paid  for  redemption  from  sales  for 38 

Costs  not  to  be  taxed  against 38 

School  Inspectors, — Power  to  appoint,  and  prescribe  duties  of 38 

Appointment,  powers  and  duties  of 187 

To  appoint  chairman  and  secretary,  duties  of  secretary ..188 

City  clerk  to  provide  books,  etc.,  for  secretary  of 188 

Meetings,  and  quorum  of,  may  make  rules,  etc 188 

May  employ  tctachers,  not  to  employ  exceeding  one  year 188 


2 

4 

14 


8 

7 

18 

2 

15 

17 

1 

1 

1 

9 

9 

2,3 

1 

4 

7 

17 

2,3 

4 
10 

5 
1 

6 
6 
2 
2 

10 

13 
11 
12 

14 

14 

15 
15 

15 

16 
7 
3 
3 

3 

4 

5 


INDEX 


861 


SCHOOLS.  Continued, 

To  examine  and  classify  teachers,  may  remove  teachers 188  6 

To  prescribe  studies,  books,  apparatus,  etc.,  of  schools 189  6 

To  visit  scbools,  and  classify  and  apportion  pupils  in 189  7 

How,  and  to  whom,  to  grant  permits  to  enter  schools 189  7 

May  suspend,  or  expel  pupils 189  7 

To  report  quarterly,  and  annually,  concerning  schools 189  8 

May  publish  proceedings  of  board 190  8 

To  furnish  information,  and  recommend  measures  concerning  schools,  to 

council 190  9 

To  report  to  county  school  commissioner 190  10 

Expenditures  by,  how  maile,  may  contract  for  fuel,  etc 190  11 

To  approve  schedules  of  teachers I9l  14 

To  regulate  terms,  or  quarters,  of  schools 192  15 

To  inform  themselves  concerning  schools 192  16 

To  supervise  schools  of  negroes 193  13 

Prixcipal.  of. — To  have  custody  of  school  buildings,  etc 191  13 

To  report  schedules  of  teachers  to  inspectors,  monthly 191  14 

School  Taxks. — Power  to  levy,  how  expended  and  appropriated. 19-1  39-19  194  4 

Negroes  to  be  allowed  portion  of 193  IS 

School  Teachurs. — Qualifications,  classification,  and  removal  of 188  5 

To  subscribe  declaration 191  12 

Salaries  of,  how  fixed  and  paid 188-5  191  14 

To  make  recommendations  concerning  schools 192  16 

Schedules  of,  how  returned,  and  form  of 191  14 

School  Trustees. — Power  to  appoint,  and  prescribe  duties  of 37  7 

SCUTTLES. 

Power  to  compel  householders  to  provide 33  9 

Owners  of  buildings  to  provide 88  27 

SEAL. 

Power  to  establish  corporate 3 2 

Mayor  may  certify  under 9 7 

Clerk  to  have  custody  of 9 10 

Corporate,  established 194  1 

When  impression  of,  to  bind  city 195  2 

SERVICE  BOXES. 

Of  gas  company,  penalty  for  removing  lids  of 127  27 

SEWERS. 

Power  to  construct  and  lay  in  streets 14-6,  7 25  2 

Power  to  extend,  alter,  or  enlarge 26  3 

Power  to  levy  tax  for 26  3 

Power  to  borrow  money  for  constructing 26  3 

Power  to  apportion  costs  of,  and  collect  by  annual  assessment 26  3 

Ordinance  creating  debt  for,  not  to  be  repealed  or  altered 26  3 

When  council  may  order  building  of 26-3  195  1 

Tax  to  be  levied  annually  to  defray  costs  of 196-1  197  3 

46 


862 


INDEX. 


SEWERS.  Continued. 

Clerk  to  enter  tax  for,  in  collector’s  Trarrant 197  4 

Clerk  to  file  petitions  for 199  12 

Mayor  may  b orrow  money  and  issue  bonds  to  construct 196  2 

Loads  for,  how  issued  and  payable 196  2,  3 

Collector  to  Ci)llect  tax  for 197  4 

Engineer  to  report  progress  and  cost  of. 197  5 

How  to  be  constructed,  surface  drainage  into,  l ow  efiFecled 197  6 

Drainage  of  private  property  into,  how  effected 198  7 

Lateral,  how  constructed 198  8 

Costs  of  repairs  of,  how  defrayed 199  9 

Penalty  for  draining  into  contrary  to  ordinance 199  10 

Penalty  for  draining  privies  or  cesspools  into 199  11 

BEWER  DISTRICTS. 

Power  to  establish 26  2 

Clerk  to  keep  accounts  with 197  5 

Engineer  to  keep  plat  of 199  13 

First  Sew'er  District — Established 199  14 

Sewers  ordered  to  be  built  in..! 2C0  15 

Costs  of  sewer.s  in,  how  defrayed 200  16 

Mayor  may  borrow  money  and  issue  bonds  for  sewers  in .200  17 

Bonds,  how  issued,  and  proceeds  how  expended 200  17 

SEXTON. 

Appointment,  powers  and  duties  of. 63-8  65  14 

To  keep  plat  and  record  of  Oakridge  Cenaetery 64  9 

Not  to  make  interment  without  clei’k’s  certitieate 64  11 

How  to  make  interments 64  10,  11 

To  make  entry  of  interments  on  record 64  11 

To  return  certificates  of  interment  to  clerk  monthly 64  11 

To  compare  certificates  of  interment  with  record 64  11 

To  make  entry  of  disinterments  and  rc-interments 65  13 

Fees  of,  and  how  paid 65  13 

Penalty  for  misconduct  of 65  14 

To  deliver  records  to  successor 65  15 

Power  to  impose  penalties  upon,  etc 17  26 

Of  cemeteries,  etc.,  to  return  bdls  of  mortality 66  18 

SHAVINGS. 

Burning  of,  regulated 87  12 

Penalty  for  scattering,  etc 88  28 

snsDs. 

Use  of  fires  in,  regulated 87  24 

Construction  of,  in  fire  limits  regulated 90  33 

SHOPS. 

Of  carpenters,  etc.,  regulations  concerning 86  18 

SHOWS.  S©o  Exhibitions. 


INDEX 


863 


snow  BILLS. 


SHOW  WINDOWS. 


SIDEWALKS. 


How  ordered,  and  form  of  order  for. 


Supervisor  to  give  notice  to  build. 


Supervisor  to  file  copy  of  clerk’s  notice  for  with  report 

Council  to  order  supervisor  to  construct  delinquent,  form  of  order. 


Supervisor  may  apportion  costs  of 

Costs  of  building  may  be  recovered  by  suit,  or  assessed. 


Supervisor  to  enforce  ordinances  concerning 

Asskssmknts  fou. — How  made,  form  of  order  for 

Ckrk  to  issue  warrant  for,  form  of  warrant 

Clerk  to  take  collector's  receipt  for  warrant  for,  a 

amount 

Collector,  how  to  collect  warrants  for,  to  give  notice. 


23 

135 

16 

L4-7  25 

2 

14 

12 

27 

4 

201 

1 

)-4  204 

8 

202 

3 

202 

3 

202 

4 

202 

4 

202 

5,  6 

201 

2 

203 

6 

205 

9 

-2  205 

9 

205 

9 

,....205 

10 

of 

....206 

11 

206 

11 

206 

12 

....211 

21,  22 

211 

22 

23 

212 

23 

24 

25 

....213 

24,  25 

....134 

11 

134 

12 

136 

18,  19 

136 

20 

135 

16 

137 

21 

....137 

22 

137 

24 

160 

6 

....207 

12 

....208 

13 

-ith 

14 

15 

16 

364 


INDEX 


SIDEWALKS.  Continued. 

Warrants  for,  how  returnnble 208 

Council  may  extend  return  of  warrants  for 209  16 

Sales  for  Assessments  for. — Council  may  order,  form  of  order 2C9  17 

Warrant  and  order  of  sale  for,  to  constitute  process 210  18 

Clerk  to  deliver  copy  of  order  and  warrant  to  collector 210  18 

Collector  to  sell,  nc  tice  of  sale,  how  given 210  19 

Sale  may  be  stopped  by  paying  assessment  and  costs 210  19 

Sale  and  subsequent  proceedings,  how  conducted 211  20 

SIGNS. 

Not  to  project  over  side-walks 136  18 

Penalty  for  injuring,  defacing,  etc 128  28 

SLAUGHTER  HOUSES. 

I’ower  to  prohibit,  regulate,  etc 17  35 

Prohibited  within  city 215  1 

Prohibited  within  mile  of  cit}',  without  permit 215  2 

Permits  for,  how  granted  and  revoked 21T  2,  3 

Cleansing  of.  regulated 214  3 

Marshal  to  enforce  ordinances  concerning 214  5 

SMALL  POX. 

Notices  of,  how  put  up 101  7 

Penalty  fcr  endangering  spread  of 101  8 

STAIRS — STEPS. 

Construction  of,  upon  side-walks  and  alleys,  regulated 135  16 

STABLES. 

Power  to  regulate  and  compel  cleansing  of,  etc 17  34,35 

STOVES. 

How  to  be  put  up 85  16 

STOVE  PIPES. 

How  to  be  constructed 85  16 

Cleaning  of,  regulated 88  25 

STRAW. 

Deposit,  stacking  and  burning  of,  regulated 87  21,  22 

Penalty  for  scattering,  etc 88  28 

STREETS  AND  ALLEYS. 

Exclusive  control  ove",  vested  in  council 14  6 

Power  to  prevent  encroachments,  obstructions,  and  incumbrances  of 14  6, 12 

Power  to  lay  out,  open,  abolish,  etc 14-6  21  1 

Power  to  establish  boundaries,  and  names  of 41  7 

Grades  and  boundaries  of,  how  established 11-14  157  1 

Engineer  to  keep  diagram  of  grades  and  boundaries  of 157  2 

Opening,  etc.,  of. — Power  t pr-scribe  manner  of  making  assessments  for  25  IS 

Proposed  to  be  laid  out  or  opened,  to  be  surveyed 21  1 


INDEX. 


C65 


STREETS  AND  ALLEYS.  Continued. 

Guardians  may  be  appointed  for  infant  owners  of  land,  proposed  to  be 

taken  for 25  19 

Notice  to  be  given  of  intenlion  to  open,  manner  of  notice 21  2 

Commissioners  to  assess  dam.-iges  for,  how  ai)poiuted 21  2 

Commissioners  for,  how  sworn 21  3 

Notice  of  time  and  place  of  making  assessments  for,  how  given 21  3 

How  damages  to  buildings  to  be  assessed  for 22  4 

Notice  of  assessment  of  damages  to  buildings  for,  how  given  to  ov/ners..  22  5 

Owners  may  remove  buildings  condemned  for 22  5 

Buildings  condemned  for,  may  be  sold  when  owners  refuse  to  remove 22  6 

Damages  to  lands,  how  assessed  and  awarded  for 22  7 

Damages  and  benefits  to  be  assessed  for 22  8 

Damages,  how  assessed  when  land  and  buildings  belong  to  different  own- 
ers, or  leased  or  mortgaged 23  9 

Damages  to  be  assessed  on  property  benefited 2.3*  10 

Assessments  for,  how  returned  to  council 23  10 

Notice  of  return  of  assessment  for,  how  given 23  11 

Powers  and  duties  of  council  concerning  assessments  for 23  11 

Damages  to  be  paid  before  lands  taken  for 23  13 

Damages,  if  (jwner  non  resident,  to  be  deposited  to  his  use 24  13 

Leases,  contracts,  etc.,  to  be  discharged  on  lands  condemned  for 24  14 

Leases,  etc.,  discharged  rata,  when  part  of  land  condemned  for 24  15 

Appeals  from  final  order  of  council  for,  how  taken 24  16 

Owner  cf  lands  to  pay  assessments  of  benefits  for 25  17 

Person  not  liable,  paying  assessments  for,  may  recover  of  person  liable..  25  17 

Giiading,  Planking,  Repairing,  Etc  , op. — Power  to  grade,  plank,  etc....  25  1 

Power  to  levy  tax  for  grading,  planking,  etc.,  of  streets 26  4 

Supervisor  to  superintend  repairs,  improving,  cleansing,  etc.,  of 159  1 

How  graded,  planked,  etc 216  1 

Costs  of  planking,  etc.,  how  defrayed 216  2 

Tax  for  planking,  etc.,  how  levied  and  collected 216-2  217  5 

Mayor  may  borrow  money  and  issue  bonds  for  planking  etc.,  bonds,  how 

issued 217  3 

Costs  of  repairs  of  planked  streets,  how  defrayed 218  8 

Alleys. — Power  to  compel  property  owners  to  cleanse  plank,  etc 27  6 

How  planked,  and  costs  of  planking  of,  how  defrayed 218  9 

Obstruction,  Etc.,  of. — Penalty  for  placing  building  materials  in,  Avithout 

permit 132  1 

Penalty  for  removing  buildings  through,  without  permit 132  2 

Penalty  for  making  erections,  etc.,  encroaching  upon 132  3 

Penalty  for  making  erections,  etc.,  without  ascertaining  line  of 132  4 

Penalty  for  not  removing  encroai  hments  upon,  a*ter  notice 133  5 

Penalty  for  repairing  buildings,  fences,  etc.,  cn.-roaching  upon 136  17 

Excavations  in,  making,  filling,  etc.,  of,  regulated 133  8 

Planked  streets,  penalty  for  injuring,  etc 133  8 

Planked  streets,  penalty  for  throAving  or  kindling  fire  upon 134  12 

PenaLy  for  throwing  ashes,  rubbi.-h,  etc.,  upon 134  n 

Obstructing  with  merchandise,  fuel,  etc.,  regulated 135  13 


366 


riTDEX 


STPtEETS  AND  ALLEYS.  Continued. 

Press  of  teams,  vehicles,  animals,  etc.,  in,  how  abated 135  14 

Officers  to  remove  obstructions  in 133  6 

Supervisor  to  enforce  ordinances  conceriiii  g 100  6 

Penalty  for  removing  or  disposing  of  earth  tium 134-10  257  8 

STPEET  GUTTERS. 

Power  to  compel  cleansing  of 24  12 

Supervisor  to  keep  open 159  1 

STREET  LABOR  AND  STREET  TAXES. 

Power  to  require,  or  collect 20  6 

"Who  required  to  perform  or  p.ay 20-C  230  1 

Stukbt  Labor. — Notice  to  perform,  how  given 40-3  239  2 

Supervisor  to  supervise  persons  performing 240  3 

Supervisor  to  give  receipt  to  persons  per.f’orming 24J  3 

Supervisor  not  to  receive  money  in  lieu  of 240  3 

Supervisor  to  return  list  of  persons  performing,  form  of  return 240  4 

Stijket  Taxes. — IVhen  to  he  paid 239  1 

Clerk  to  return  list  of  names  on  poll  hooks  fur 241  5 

Clerk  to  charge  names  on  list  with 241  5 

Clerk  to  charge  delinquents  for  former  years  with 241  6 

Council  to  appro\  e lists  for,  and  order  warrants  for 241  6 

Clerk  to  issue  warrants  for  and  deliver  to  collector 2^2  7 

Warrants  for,  how  collected  and  returned 40  3 242  8 

May  be  collected  bj’  suit 40-3  243  9 

Set  off,  not  allowed  in  suits  for 20  6 

To  he  expended  in  wards  paying 41-8  16]  7 

SUITS. 

For  penalties  how  brought 42  14 

For  penalties,  attorney  to  prosecute 155  2 

When  may  be  brought  for  taxes 29  6 227  23 

May  be  brought  for  street  taxes 40-3  243  9 

When  may  be  brought  on  bonds  of  officers 249  8 

For  penalties  not  repealed  by  subsequent  ordinance 167  9 

For  penalties  to  be  brought  before  police  magistrates 43-16  177  14 

SUMMONS. 

lYhen  to  be  issued 42  15 

SUNDAY. 

Penalty  for  keeping  open  places  of  amusement  on 126  18 

Penalty  for  disturbing  peace,  good  order,  and  quiet  on 124  7 126  19 

Penalty  for  keeping  open  place  of  business,  or  pursuing  daily  labor  ou...l26  20 

Penalty  for  selling  liquors  or  keeping  open  groceries  on 119  7 

SUPERVISOR. 

Duties  of. 11  16 

To  notify  property  owners  to  plank  alleys,  etc 218  9 

To  notify  removal  or  alteration  of  awnings 58  1,  3 


INDEX. 


367 


SUPERVISOR.  Continued. 

To  remove  dimgcroiis  awnings 59  4 

Duties  of,  at  fires 82  5 

To  abate  nuisances,  may  enter  premises  to  abate 102  11 

Salary  of 165  11 

To  supervise  rcpaiis  and  improvements  of  streets  and  allej  s,  etc 159  1 

Not  to  make  improvements,  without  order  of  council 159  1 

To  cleanse  and  open  gutters  of  streets  and  alleys 159  1 

When  may  employ  laborers,  carts,  teams,  etc 159  2 

To  oversee  and  direct  workmen,  and  keep  account  of  time 159  2 

To  make  requisition  on  mayor  for  materials  and  implements 160  2 

To  keep  account  of  expenditures 160  3 

To  keep  list  of  property  of  city,  and  account  for  same 160  3 

To  deliver  implements,  etc.,  to  successor,  and  file  receipts 160  3 

To  i-oport  bill  of  implements,  etc.,  purchased  to  clerk 160  3 

To  mark,  or  brand  implements,  etc.,  of  city 160  3 

To  examine  and  certify  accounts  for  materials,  etc 160  4 

To  report  expenditures  to  council  monthly 160  5 

Accounts  of,  to  show  to  what  ward  chargeable 160  6 

To  obey  orders  of  council,  mayor  or  street  committee 161  6 

To  enforce  ordinance  concerning  streets,  alley’s  and  side-walks 161  6 

May  arrest  offenders  against  streets,  alleys  and  sidewalks 176  10 

To  compel  offenders  committed,  to  labor  on  streets ISO  22 

To  supervise  laying,  etc.,  of  sidewalks,  duties  of,  concerning 201  2 

To  give  notice  to  lay  side  walks,  form  of  notice 203  6 

To  report  delinquent  side-walks 205  9 

To  build  delinquent  side-walks,  and  report  costs 206  11 

To  give  notice  to  repair,  or  relay  side-walks 211  21 

To  repair  or  relay  dangerous  side-walks,  without  notic  ' 11  21 

To  repair  or  relay  sidewalks  upon  failure  of  owners,  and  report  costs 212  22 

To  give  notice  to  perform  street  labor,  fonu  of  notice 40-3  239  2 

Neglc'-tiug  to  give  notice  for  street  labor,  liable  for  loss 240  2 

To  attend  and  direct  street  laborers 240  3 

To  give  receipt  to  persons  performing  street  labor 240  3 

Not  to  receive  moneys  in  lieu  of  street  labor 240  3 

Not  to  transfer  duties,  as  supervisor 240  3 

To  return  list  of  persons  performing  street  labor 240  4 

To  remove  trees  planted  contrary  to  ordinance 251  1 

To  supervise  public  works,  when  required 256  4 

Certifying  contracts  falsely,  liable  for  loss 257  7 

Penalty  fur  disposing  of  surplus  earth  in  streets 134-10  257  8 

Nut  to  be  interested  in  contracts  coming  under  supervision 257  9 

SURVEYOR.  See  Exuixeeu. 

SWI.b’E.  See  Hogs. 

TALLOW. 

Power  to  regulate  steaming  .and  rendering  of 17  Zt 

Steaming  of,  regulated 213  1 

Penalty  for  steaming  tainted 214  4 


368 


INDEX. 


TANNERIES. 

Power  to  compel  cleansing  of,  regulate,  etc 17  34,35 

TAR. 

Boiling  of,  regulated 87  23 

TAXES. 

Power  to  lery  for  general  purposes 19  1 

Power  to  levy  for  schools 19  2 

Power  to  levy  to  pny  intereat  on  city  debt 19  3 

Power  to  levj',  for  public  improvements,  etc 20  4 

Power  to  levy,  for  lighting  streets 20  5 

Power  to  levy,  for  building  sewers 2G  3 

Power  to  levy,  for  j dunking  streets,  etc 26  1 

What  property'  exempt  from 291  3 

City  exempted  from  county 40-4  46  6 

Exemption  of  city  from  county,  repealed 46  1 

To  be  levied  bj"  ordinance  or  resolution 28-3  225  17 

Clerk  to  calculate  amount  of ‘...225  18 

For  years  omitted,  bow  assessed  and  collected 226  18 

When  due  and  payable 227  20 

When  a lien  on  real  and  personal  propertj’ 28-4  227  20 

Duty  of  collector,  when  paid  on  same  propertj’  by  different  persons 238  44 

Erroneously  paid,  to  be  refunded 238  45 

May  be  collected  by  suit  or  distress 29-6  227  23 

What  deerae^i  a demand  for.  and  refusal  to  pay 29-6  227  22 

Personal  Property. — How  listed  for 219  2 

Collector  to  require  certified  statements  of,  for 220  3 

What  subject  to 220  3 

Who  required  to  list  for 220  3 

To  be  assessed  and  valued  at  cask  valuation  for 220  4 

IIow  to  be  assessed  and  valued 220  4 

When  to  be  listed  upon  oath 221  4 

To  be  listed  and  assessed  for  years  omitted 222  10 

Liable  for  taxes  on  real  estate 28-4  229  27 

May  be  distrained  for  real  estate  taxes 29-6  229  27 

Delinquent  taxes  on,  may  be  charged  to  real  estate 28-4  230  29 

Real  Estate. — How  listed  for 219  1 

IIow  assessed  for 220  3 

To  be  valued  at  cash  valuation  for 220  4 

To  be  listed  and  assessed  for  years  omitted,  for 222  10 

Liable  for  taxes  levied  thereon 229  27 

When  liable  for  personal  property  taxes 28-4  229  27 

Delinquent  personal  taxes  may  be  charged  to 28-4  230  29 

May  be  sold  for  delinquent 230  30 

Warrants  for. — Clerk  to  issue 28-5  225  18 

When  to  be  issued,  and  what  to  contain 29-6  225  18 

Form  of,  and  when  returnable 226  19 

Clerk  to  take  duplicate  receipts  for 227  21 


INDEX.  8G9 


TAXES.  Continued. 

Clerk  to  file  colleetor’s  receipt  for,  with  treasurer 227  21 

Collector  to  correct  errors  iu 22S  23 

IIow  returned,  and  form  of  return 229  28 

Collector  to  report  ern  rs  in 230  29 

Sales  for. — Power  to  prescribe  manner  of  conducting. .20  10 

Council  to  order,  form  of  order  for  29-S  230  80 

Clerk  to  deliver  copy  of  order  of  sale,  and  warrant,  to  collector 231  31 

"Warrant  and  order  of  sale,  to  consiitute  process  f)r 29  8 2.31  31 

Real  estate  may  be  sold  within  two  years  after  approval  of  lists 29-S  231  31 

IIow  made,  and  notice  of,  how  given  2'.)-9  231  32 

Payment  of  taxes  and  costs,  to  stop 29  9 2.32  S3 

When  and  where  to  be  made 232  34 

How  conducted 232  35 

When  city  clerk  to  attend 233  35 

Clerk  and  collector  not  to  bid  at  j bids  of,  void  at 233  35 

To  be  made  for  smallest  portion  of  real  estate 30-10  233  35 

Purchasers  to  pay  taxes  bid  at 233  36 

Penalty  for  forfeiting  at 233  36 

To  be  continued  from  day  to  day 233  36 

Certificates  of  purchase  at,  form  of  and  how  made 233  37 

Collector  to  return  list  of,  return  how  made 234  38 

Council  to  approve  collector’s  return  of 235  38 

Clerk  to  record  list  of 30-10  235  £8 

Collector  to  refund  double  purchase  money  for  erroneous 238  45 

Clerk  to  make  entry  on  record,  of  erroneous 233  47 

Not  invalid  because  property  not  listed  in  name  of  owner 238  48 

City  may  be  purchaser  at 31  13 

See  Assessment  Lists — Assessor  and  Collector. 

TAX  DEEDS. 

Council  to  order,  how  executed 31-11  236  41 

Purchaser  to  give  notice  and  make  oath  before  receiving 236  41 

Clerk  to  make  out  and  deliver 237  42 

Clerk  to  make  entry  of,  in  record  of  tax  sales 30-11  237  42 

Fees  of  clerk  for  making 30  11 

Assignee  of  tax  certificate  entitled  to 30-12  236  41 

Of  what  facts  prima  facia  and  conclusive  evidence 31  14 

What  facts  parties  claiming  adverse  to,  required  to  show 31  14 

TAX  RECEIPTS. 

Collector  to  give,  upon  receipt  of  taxes 22S  25 

TEAMS. 

Press  of,  in  streets,  etc.,  how  abated 135  14 

Penalty  for  leaving  in  streets,  etc,,  without  fastening 128  31 

Meeting  in  streets,  etc.,  to  turn  to  right  side 123  32 

47 


370 


INDEX. 


TELEGRAPH  POSTS  AND  WIRES. 

Penalty  for  injuring,  etc 127  24 

THEATRICAL  EXHIBITIONS.  See  Exhibitions. 

TIE  VOTE. 

How  determined 6-8  77  19 

TIMBER. 

Power  to  regulate  inspection  and  measuring  of..... 16  21 

TIPPLING  SHOPS. 

Power  to  suppress,  etc 15  15 

TOWN  BRANCH. 

Powers  concerning 41  6 

Obstructing,  etc.  of,  prohibited 244  1 

Channel  of,  in  Bullock’s  additon  established 24-4  1 

Engineer  to  enter  plat  of,  in  diagram  of  grades 245  2 

See  Branches. 

TRANSIENT  TRADERS. 

Sales  by,  prohibited  without  license 245  1 

License  for,  how  taxed,  etc 245  2 

Sales  by,  under  name  or  firm  of  others  prohibited 246  3 

Meaning  of  term  defined 246  4 

TREASURER. 

Duties  of 10  11 

Accounts  of,  how  to  be  kept 247  ^ 4 

To  be  credited  with  warrants  cancelled 247  2 

To  keep  list  of  warrants  redeemed,  list  how  kept 247  4 

To  cancel  warrants  redeemed 247  4 

To  report  to  council  monthly 248  5 

To  return  cancelled  warrants  to  clerk  monthly 248  5 

How  warrants  to  be  paid  by 248-5  305  3 

To  give  duplicate  receipts  for  moneys 248  6 

To  receive  moneys  on  order  of  clerk 248  6 

To  make  annual  report,  when  to  be  made,  and  what  to  contain.... 10-12  250  13 

To  keep  account  of  moneys  deposited  for  animals  sold 105  5 

To  keep  cemetery  account  and  report  concerning 63  7 

To  give  receipts  for  moneys  received  for  cemetery  lots 63  6 

To  keep  account  of  lamp  taxes 97  2 

To  credit  school  fund  with  moneys  received  from  school  commissioner. ...191  10 

To  credit  school  agent  with  school  fund  paid 194  3 

To  keep  account  of  school  taxes  and  report  concerning 194  4 

To  keep  account  of  street  planking  taxes 218  5 

To  charge  collector  with  amount  of  receipts  for  tax  warrants 227  21 

To  charge  collector  with  amount  of  receipts  for  street  tax  warrants 242  7 


INDEX 


371 


TREASURY  WARRANTS. 

How  issued  and  signed 10-12  246*1  305  1 

Clerk  to  keep  list  of,  list  of  how  kept 246  1 

Clerk  to  charge  to  proper  fund 247  3 

Treasurer  to  keep  list  of  redeemed,  list  how  kept 247  4 

Treasurer  to  cancel  when  redeemed 247  4 

Who  to  receive  payment  of 248-5  305  3 

When  lost  how  duplicate  issued 248  7 

TREES. 

Power  to  direct  and  regulate  planting  of 14  10 

Planting  of  along  streets  regulated 251  1 

Trimming  of  regulated 251  2 

Penalty  for  injuring,  defacing,  etc 128-28  251  3 

UNLAWFUL  ASSEMBLY. 

Penalty  for 123  1 

UNWHOLESOME  OCCUPATIONS. 

Power  to  regulate,  etc 17  35 

UNWHOLESOME  PROVISIONS. 

Penalty  for  selling,  etc 130  37 

VACANCIES. 

Officers  filling,  to  hold  for  unexpired  term  only 4 2 

In  office  of  mayor  or  aldermen,  how  filled 6 6 

Except  for  mayor  or  aldermen,  to  he  filled  by  appointment 6 6 

Election  to  fill,  how  ordered 6 6 

No  election  to  be  called  to  fill,  if  three-fourths  of  year  has  expired 6 6 

In  judges  of  elections,  how  filled 71  3 

In  board  of  health,  how  filled 99  2 

VAGRANTS. 

Power  to  restrain  and  punish 16  21 

Who  considered,  and  penalty  for  being 126  17 

VEGETABLES. 

Power  to  regulate  vending  of 15  18 

VEHICLES. 

Power  to  compel  fastening  of  animals  attached  to 16  28 

Penalty  for  leaving  animals  attached  to,  in  streets,  without  fastening 128  31 

Meeting  in  streets,  etc.,  to  turn  to  right  side 128  32 

See  Drays — Hackmen. 

VENUE. 

Change  of,  how  allowed  in  police  magistrate  courts 301  3 

Change  of,  not  allowed  in  liquor  cases 46  3 


372 


INDEX 


VETO. 

Power  of  mayor  to 9 7 

Majority  of  council  may  overrule U 7 

VOTE. 

Of  council,  hoiT  reconsidered  at  special  meetings 42  11 

Tie,  Low  determined 6-8  77  19 

VOTERS. 

Who  legal,  at  elections 7-3  74  11 

To  vote  in  wards 7-3  74  11 

Who  may  challenge 7-3  74  1 

Oath  of  challenged..../. 7-3  75  1 

Exempt  fiom  arrest  on  civil  process,  during  elections 7 5 


WAGONS.  See  Teams — Dp.ays. 
V7AG0N  CROSSINGS. 


Over  sidewalks,  how  constructed 202  1 

WARDS. 

How  to  he  constituted 4 3 

Power  to  create  additional 4 3 

How  represented  in  council 4 3 

Local  expenditures  in,  how  made 41-8  57  1 

Defined 253  1 

To  eonstitu.e  school  districts 187  1 

WARRANTS. 

For  arrest  of  offenders,  when  to  he  issued 42-15  178  16 

For  arrest  of  offenders,  when  unneces^ar}' 44-27  175-7  178  17 

For  witnesses  in  contested  elections,  how  issued 79  30 

For  witnesses  in  trials  of  officers,  how  issued 153  11 

For  se  zing  gaining  and  counterfeiting  implements,  how  issuea 93  2 


Fi  r collection  of  nuisance  asscs.«ments — See  Nusaxcks. 
F"i-  collection  of  side-walk  assessments — See  Side-walks. 
For  collection  of  taxes — See  Taxes. 

For  collection  of  street  taxes — See  Street  Taxes. 

On  treasury — See  Tueasuiiy  Wakuants. 

WATCHMEN. 


Power  to  appoint,  and  prescribe  powers  and  duties  of 16  26 

Power  to  authorize  appointment  <4,  by  mayor 4 2 

Pow'er  to  authorize  removnl  of,  by  mayor  or  marshal 4 2 

Appointment,  terms  <>f  office,  duties,  etc.,  of 174  3 

To  take  oath  of  office,  bond  may  he  rcquiied  of 174  4 

Salary  of.  how  fixed 174  4 

To  be  subject  to  control  of  marshal 175  6 

Temporary,  how  appointed,  qualified,  etc 176  11 


to  w 


INDEX.  873 


WATER. 

Power  to  provide  city  with 14  5 

Diaining  from  buildings,  not  to  run  over  sidewalks 137  24 

WATER  COURSES. 

Powers  conccrniug 14-7  41  6 

WEIGHER. 

To  be  appointed  annually 162  1 

To  attend  public  scales,  and  weigh  loads  or  parcels  offered 162  1 

To  make  entry  of  kind  and  weight  of  loads  weighed 162  1 

To  give  certificate  of  weight  of  lo:;ds  weighed 162  1 

Certificate  of,  to  state  quantity  of  load  weighed 163  4 

Certificate  of,  to  be  delivered  on  sale  of  load 162  1 

How  to  ascertain  net  weight  and  quantity  of  load 162  4 

How  to  compute  quantity  of  articles  weighed 163  4 

To  prosecute  persons  guilty  of  fraud  in  weighing 164  5 

To  keep  in  repair,  and  test  scales 164  6 

Who  incompetent  as 164  7 

Clerk  to  provide  books  and  blank  certificates  for 164  8 

To  repiirt  mor.thly,  and  pay  into  treasury 164  8 

Penalty  for  giving  false  certificate  of  weight 164  9 

Salary  and  fees  of 154-1  162  3 

WEIGHERS. 

Power  to  appoint 16  23 

WEIGHTS  AND  MEASURES. 

Power  to  establish,  regulate,  and  require  sealing  of 15  20 

Penalty  for  using  false .....130  38 

WELLS. 

Power  to  provide  public 14  5 

Penalty  for  meddling,  etc.,  with  public ’ 138  3 

Power  to  require  householders  to  provide 32  4 

WHISKY. 

Power  to  regulate  inspection  of 16  23 

WITNESSES. 

Citizens  of  city  not  incompetent  as 43  19 

Power  to  compel  attendance  of 5 5 

In  contested  elections,  how  summoned,  etc 80  30 

In  trials  of  officers,  how  summoned,  etc 153  11 

Officers  making  arrests  to  attend  as 179  19 

Fees  of,  in  p«,lice  magistrates’  courts 179  20 

Collector  may  examine,  concerning  value  of  property 222  8 

WOOD. 

Power  to  regulate  measuring  and  selling  of 16  23 


374 


INDEX. 


WOODEN  BUILDINGS.  See  Builmx?s. 

WORKHOUSE. 

Power  to  establish,  regulate,  ai)d  appoint  keepers  of 17  38 

Power  to  levy  tax  for  building 20  4 

Who  may  be  confined  in 17  38 

YARDS. 

Power  to  fillup,  drain,  etc.,  and  assess  costs 18  40 


* 


